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No. 8646440
United States Court of Appeals for the Ninth Circuit
U.S. Home Corp. v. Maryland Casualty Co.
No. 8646440 · Decided December 20, 2007
No. 8646440·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
December 20, 2007
Citation
No. 8646440
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Appellant’s complaint fails to allege any property damage other than the defective stucco and damage resulting from repair of that stucco. Under Aizona law, the faulty stucco, standing alone, does not constitute an “occurrence” as defined in the insurance policy. See United States Fid. & Guar. Corp. v. Advance Roofing & Supply Co., 163 Ariz. 476 , 788 P.2d 1227, 1233 (1989); see also Lennar Corp. v. Auto-Owners Ins. Co., 214 Ariz. 255 , 151 P.3d 538, 545 (2007). Additionally, the cost of repairing the stucco does not constitute “property damage” under the language of the policy. See Advance Roofing, 788 P.2d at 1233 ; see also Lennar Corp., 151 P.3d at 545 . Appellant’s reliance on University Mechanical Contractors of Arizona, Inc. v. Puritan Insurance Co., 150 Aiz. 299, 723 P.2d 648 (1986), is misplaced in this case. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Appellant’s complaint fails to allege any property damage other than the defective stucco and damage resulting from repair of that stucco.
Key Points
01MEMORANDUM ** Appellant’s complaint fails to allege any property damage other than the defective stucco and damage resulting from repair of that stucco.
02Under Aizona law, the faulty stucco, standing alone, does not constitute an “occurrence” as defined in the insurance policy.
03Additionally, the cost of repairing the stucco does not constitute “property damage” under the language of the policy.
04See Advance Roofing, 788 P.2d at 1233 ; see also Lennar Corp., 151 P.3d at 545 .
Frequently Asked Questions
MEMORANDUM ** Appellant’s complaint fails to allege any property damage other than the defective stucco and damage resulting from repair of that stucco.
FlawCheck shows no negative treatment for U.S. Home Corp. v. Maryland Casualty Co. in the current circuit citation data.
This case was decided on December 20, 2007.
Use the citation No. 8646440 and verify it against the official reporter before filing.