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  5. 215 Cal.App.3d 336 (1989)
 

LA BATO v. STATE FARM FIRE & CASUALTY CO.

Docket No. A039489.

215 Cal.App.3d 336 (1989)

263 Cal. Rptr. 382

JULIAN LA BATO, Plaintiff and Respondent, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Appellant.

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

September 19, 1989.

Attorney(s) appearing for the Case

COUNSEL

Otto F. Becker, Michael F. Scully and Thornton, Taylor & Downs for Defendant and Appellant.

David Van Hoesen, Van Hoesen & Rowen and Van Hoesen, Epstein, Englert & Rowen for Plaintiff and Respondent.

OPINION

HOLMDAHL, J.

Part of La Bato's backyard fell into a creek during a storm. State Farm rejected the claim which La Bato submitted under his all-risks homeowner's insurance policy. State Farm now appeals from a judgment for $233,372.67 entered against it on account of this rejection.

The judgment is reversed.

Statement of Facts

Julian La Bato bought a house at 157 Ponderosa Lane in Walnut Creek...

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