E.M.M.I. INC. v. ZURICH AM. INS. CO., S109609
A provision in a "jeweler's block" insurance policy excluding from coverage jewelry stolen from a vehicle unless the insured was "actually in or upon such vehicle at the time of the theft" is ambiguous; it fails to plainly alert insureds that there is no coverage if a theft occurs when the insured has stepped out of the vehicle but remains in close proximity and is attending to it. Summary judgment for defendant is reversed.
- Decided 02/23/2004
- Published 02/23/2004
- Supreme Court of California
- For Appellant:
- Quisenberry & Kabateck, Kabateck & Kropff, Kabateck & Garris, John N. Quisenberry, Brian S. Kabateck, James B. Kropff, Heather M. Mason, Los Angeles, Suzanne L. Havens Beckman and Jerilyn Jacobs for Plaintiff and Appellant., Cummins & White and Annabelle M. Harris, Newport Beach, for Vartan Karlubian and Cummins & White as Amici Curiae on behalf of Plaintiff and Appellant.
- For Appellees:
- Bishop, Barry, Howe, Haney & Ryder, Mark Koop, Jonathan Gross and Jay E. Framson for Defendant and Respondent., Deborah J. La Fetra for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.