California Court of Appeal

Petition for writ of mandate is granted and directs the trial court to enter summary judgment for petitioner-insurer and petitioner-broker, in a suit brought by investor who became owner of building after foreclosure, regarding insurance policy purchased by the developer and the homeowners association for damages incurred as a result of theft and vandalism, where: 1) on the investor's cause of action for breach of contract against the insurer, the vacancy exclusion is applicable to the claim and plainly bars coverage; and 2) as to the investor's cause of action for professional negligence against the broker, the broker owed no duty to the investor to provide any particular type of coverage to the developer and the homeowners association, its clients.

Appellate Information

• Decided 04/17/2013
• Published 04/17/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel