Facts

On May 2, 2007, plaintiff Izzy Basharel's 1989 45-foot Bayliner Yacht sank in its slip in San Pedro. Basharel submitted a claim for a total loss of the boat to his insurer, defendant Northern Insurance Company of New York. Northern Insurance denied the claim. Basharel sued for breach of contract and insurance bad faith.

PLAINTIFF'S CONTENTIONS:
Basharel contended that the cause of the sinking was a crack in the plastic casing of the bait pump that was sudden and unexpected and therefore covered.

DEFENDANT'S CONTENTIONS:
Northern Insurance contended that the cause of the sinking was failure to maintain the packing glands where propeller shaft goes through hull. The defense claimed it was not a fortuitous loss and therefore not covered.

Damages

Basharel claimed approximately $130,000 in hull damage and $70,000 in Brandt fees.

Result

Judgment for Northern Insurance. The court found that Basharel could not, as a matter of law, meet his burden on causation.