Supreme Court of California

Reset A A Font size: Print

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


  • MORENO, J.


  • 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.
Copied to clipboard