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CITY OF MILL VALLEY v. TRANSAMERICA INS. CO.

Docket No. 44063.

98 Cal.App.3d 595 (1979)

159 Cal. Rptr. 635

CITY OF MILL VALLEY, Plaintiff and Appellant, v. TRANSAMERICA INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

November 13, 1979.

Attorney(s) appearing for the Case

COUNSEL

Bagshaw, Martinelli, Corrigan & Jordan and Leland H. Jordan for Plaintiff and Appellant.

Farella, Braun & Martel, Jerome I. Braun and Randall W. Wulff for Defendant and Respondent.

OPINION

ELKINGTON, Acting P.J.

The City of Mill Valley (City) was the insured under a liability insurance policy written by Transamerica Insurance Company (Transamerica). The City's appeal is from a judgment denying recovery in its action based upon a claim of liability of Transamerica under that policy.

The uncontradicted background facts of the case follow. A series of heavy rains, in January 1970, had caused a landslide...

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