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CARDIO DIAGNOSTIC IMAGING, INC. v. FARMERS INS. EXCHANGE

No. B239145.

212 Cal.App.4th 69 (2012)

CARDIO DIAGNOSTIC IMAGING, INC., Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

December 18, 2012.

Attorney(s) appearing for the Case

David A. Lingenbrink and Joseph Y. Avrahamy for Plaintiff and Appellant.

Stone & Hiles, Frank L. Kurasz ; Greines, Martin, Stein & Richland, Robert A. Olson and Gary J. Wax for Defendants and Respondents.

OPINION

WILLHITE, Acting P. J. —

This case involves the interpretation of an insurance policy exclusion. The exclusion at issue excludes any "loss or damage caused directly or indirectly by ... [w]ater that backs up or overflows from a sewer, drain or sump." The question is whether this exclusion applies to damage caused when a malfunctioning toilet failed to shut off the intake of water and, because there was a blockage in the sewer...

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