Valley Casework v. Lexington Ins. CA4/1

facts in its opposing separate statement of material facts. To rebut a moving party's showing on summary judgment, the opponent may not rely on allegations in the pleadings, even if verified, but must instead "set forth the specific facts showing that a triable issue of material fact exists . . . ." (Code Civ. Proc., § 437c, subd. (p)(1); Salma v. Capon (2008) 161 Cal.App.4th 1275, 1290; see College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 720, fn. 7.) We asked the parties to brief various questions concerning Valley's proof of coverage periods, and conclude that because Lexington did not raise any issue below about the factual question of the dates of effective coverage, it forfeited the point on appeal. (See Fort Bragg Unified School Dist. v. Colonial American Casualty & Surety Co. (2011) 194 Cal.App.4th 891, 907 [new factual theories of defense may not be raised for the first time on appeal].) 3 damage" to mean "[p]hysical injury to tangible property, including all resulting loss of

use of that property."

The policy contains a "Continuous or Progressive Loss Endorsement" (the

continuous loss endorsement). It provides: " 'Occurrence' means an…