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Panico v. Truck Insurance Exchange

California Court of Appeal
109 Cal. Rptr. 638 (2001)


Facts

Ronald and Patty Panico (plaintiffs) owned Travis Electronics (Travis) (plaintiff). The roof above Travis’s storeroom had a hole. After four days of rain, several ceiling tiles fell down. Water also leaked into the storeroom. Travis made a claim to its insurance carrier, Truck Insurance Exchange (Truck Insurance) (defendant). Truck Insurance denied the claim, and Travis sued. Truck Insurance argued that the loss was only covered if the loss resulted from the collapse of a building or any part of a building. The trial court held a chambers conference before trial and invited Travis to informally make an offer of proof. The trial court stated that it would decide whether coverage would exist if those facts were proven. Travis explained the facts, and Truck Insurance moved to dismiss the case. The trial court determined that the facts would fail to show that the loss was covered by the insurance policy and granted the motion to dismiss. Travis appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning (Sills, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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