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STATE FARM FIRE AND CAS. CO. v. BONGEN

No. S-6526.

925 P.2d 1042 (1996)

STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. Jerome E. BONGEN and Elizabeth A. Bongen; Kodiak Electric Assoc.; and City of Kodiak, Respondents.

Supreme Court of Alaska.

November 8, 1996.

Attorney(s) appearing for the Case

Ronald L. Bliss, Bliss & Wilkens, Anchorage, and Susan M. Popik, Chapman, Popik & White, San Francisco, CA, for Petitioner.

Michael W. Flanigan, Walther & Flanigan, Anchorage, for Respondents.

Jerome E. Bongen and Elizabeth A. Bongen. Michael S. Rogers, Reed McClure, Seattle, WA, and Thomas A. Matthews, Matthews & Zahare, Anchorage, for amici curiae United Services Automobile Association, Government Employees Insurance Company, and Allstate Insurance Company.

Before COMPTON, C.J., and RABINOWITZ, MATTHEWS and EASTAUGH, JJ.

OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

A home owned by Jerome Bongen and Elizabeth Bongen was destroyed by a mudslide. After their insurer denied coverage, the Bongens sued. They alleged that the mudslide was caused by construction activity carried out above their property. On cross-motions for partial summary judgment, the superior court held that a provision in the Bongens' insurance policy excluding from coverage any loss...

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