Axis Ins. Co. v. Omni Hotels Management Corp. CA4/
Axis Insurance Company (Axis) appeals a summary judgment in favor of Omni Hotels Management Corporation (Omni) on Axis's complaint for damages caused by a fire that originated on a golf course on Omni's property and spread to properties insured by Axis. Axis contends we must reverse the judgment because there are triable issues of material fact as to whether Omni caused the fire and as to whether Omni owed other property owners a duty to minimize fire hazards by restricting smoking and maintaining the native vegetation on the golf course.
We need not decide the duty question as we conclude Omni met its burden on summary judgment of showing Axis could not establish the causation element of its claims, and Axis failed to meet its corresponding burden of establishing there was a triable issue of material fact as to causation. We, therefore, affirm the judgment.
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