Supreme Court of California

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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.

Appellate Information

  • Decided 02/23/2004
  • Published 02/23/2004

Judges

  • MORENO, J.

Court

  • Supreme Court of California

Counsel

  • 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.