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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

Issue

Holding and Reasoning (Sills, J.)

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