Overview

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HOLDINGS: [1]-Whether a tenant’s conduct was “within the control” of the homeowners for purposes of a plant-growing exclusion in the homeowners’ insurance policy was a fact issue for the jury to decide because the record was silent as to what, if anything, the owners reasonably could have done to prevent or discover the tenant’s marijuana growing operation. It was undisputed that the owners did not know about the operation or the tenant’s altering the electrical system, which caused a fuse to blow and resulted in a fire. There was likewise no evidence as to whether the owners could have discovered the growing operation by exercising ordinary care or diligence. To the extent the insurer’s interpretation of the policy rendered the owners strictly liable for the tenant’s conduct, the policy was void under Ins. Code, § 2071.

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Outcome

Judgment reversed.

Author: Michle Smith