California Court of Appeal

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Grebow v. Mercury Insurance, Co., B261172

In an action alleging breach of contract and tortious breach of insurance contract, in connection with significant damage to plaintiff's rear deck and supporting structure of their residence, the trial court's grant of summary judgment to the insurer is affirmed where: 1) because there was not a collapse as defined in the policy, insurer is not liable for reimbursement costs, as the duty to mitigate arises only after a loss from a collapse; and 2) insurer had no duty, express or implied, to reimburse plaintiffs for costs to prevent imminent insurable damage.

Appellate Information

  • Decided 10/21/2015
  • Published 10/21/2015

Judges

  • MOSK

Court

  • California Court of Appeal

Counsel

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