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SAFECO INS. CO. OF AMERICA v. GUYTON

Nos. CV 76-3488, CV 77-383, CV 77-384, CV 77-680, CV 77-956, CV 77-2757, CV 77-2758, CV 77-2759, CV 77-2761, CV 77-2762, CV 77-2763, CV 77-2775, CV 77-3372, CV 77-3373, CV 77-3390 and CV 77-3780.

471 F.Supp. 1126 (1979)

SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. William GUYTON et al., Defendants. STATE FARM FIRE & CASUALTY COMPANY, Plaintiff, v. David DeLANCY et al., Defendants. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION et al., Plaintiffs, v. Vernton M. BARTON et al., Defendants. AETNA CASUALTY & SURETY COMPANY, Plaintiff, v. Harry R. NUDD et al., Defendants. SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. Michael PURPURA et al., Defendants, and Other Consolidated Cases as Listed by Number.

United States District Court, C. D. California.

March 21, 1979.

Attorney(s) appearing for the Case

Gerald M. Lachowicz, Irene M. Boyd and Jeffrey H. Leo of Long & Levit, Los Angeles, Cal., for plaintiff.

Jerrold A. Fadem and Richard D. Norton of Fadem, Berger, McIntire & Norton, Santa Monica, Cal., David P. DeLancy, Corona del Mar, Cal., Gerald D. Shoaf of Redwine & Sherrill, Riverside, Cal., Frederick V. Geisler of Iverson, Yoakum, Papiano & Hatch, Los Angeles, Cal., and William A. Francis of Irsfeld, Irsfeld & Younger, Hollywood, Cal., for defendants.

OPINION

SOLOMON, Judge:

Plaintiffs insurance companies filed these actions to obtain judgments declaring that the insurance policies which they issued excluded flood damage and therefore do not cover the losses to real and personal property which the policyholders sustained as a result of a flood which occurred on September 10, 1976, in Palm Desert, California.

The defendant insureds, in their answers, assert that the losses were proximately caused...

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