California Court of Appeal

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American Way Cellular, Inc. v. Travelers Property Casualty Company of America, B234188

Summary judgment for defendant-insurer in action alleging that plaintiff was entitled to policy benefits following a fire loss at its premises, is affirmed, where: 1) the evidence showed as a matter of law that the insurance broker that prepared the insurance application for plaintiff indicating the premises were equipped with sprinklers, was not an actual or ostensible agent of defendant-insurer; 2) the evidence showed that plaintiff did not maintain a sprinkler system as required under the policy; and 3) plaintiff therefore failed to meet its burden of showing that triable issues of material fact exist with respect to its claims for declaratory relief and negligence.

Appellate Information

  • Decided 05/30/2013
  • Published 05/30/2013

Judges

  • MALLANO

Court

  • California Court of Appeal

Counsel