California Court of Appeal

In an action against an insurer for denying plaintiff's claim under a business insurance policy for loss as a result of claimed damage to its MRI machine and loss of income after the machine failed to satisfactorily "ramp up" after it was "ramped down," trial court's grant of summary judgment in favor of the defendant-insurer is affirmed where: 1) under the evidence presented in this record, the court did not err in determining that insurer was entitled to a judgment as a matter of law because plaintiff did not suffer an "accidental direct physical" loss under Coverage A or Coverage B; 2) plaintiff's remaining contentions are without merit; 3) the same reasons that support the court's grant of defendant's motion for summary judgment support the denial of plaintiff's motion for summary judgment; and 4) plaintiff has no basis to maintain a claim for breach of the covenant of good faith, and lacking such a claim, there is no basis for an award of punitive damages.

Appellate Information

• Decided 08/04/2010
• Published 08/18/2010

Judges

• FLIER

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael B. Horrow, Susan M. Popik