Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss

Firefighters with fire in background

The tenant tapped a main power line into the attic, which caused the fire.

August 17, 2020
Tred R. Eyerly - Insurance Law Hawaii

The California Court of Appeals reversed the trial court's grant of summary judgment to the insurer regarding a claim for fire loss. Mosley v. Pacific Sec. Ins, Co., 2020 Cal. App LEXIS (Cal. Ct. App, May 26, 2020).

The Mosleys rented their property to Pedro Lopez. Six months later, the property was damaged by fire. Lopez had tapped a main power line into the attic to power his energy-intensive marijuana growing operation. The illegal power line caused the fire.

Pacific Specialty Insurance Company (PSIC) insured the property under an HO-3 Standard Homeowners policy. Paragraph E of the policy provided,

    We do not insure for loss resulting from any manufacturing, product or operation, engaged in:
  1. The growing of plants; or
  2. The manufacture, production, operation or processing of chemical, biological, animal or plant materials.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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