McKee

McKee v. State Farm Fire & Casualty Co.

Good Law
145 Cal. App. 3d 772·193 Cal. Rptr. 745·1983 Cal. App. LEXIS 2009
Court of Appeal of CaliforniaJuly 28, 1983Civ. 67691California1,622 words

Opinion

Opinion

Acting, J.

Action for breach of an insurance contract. By amended complaint, plaintiff Kieffer W. McKee sought compensatory and punitive damages from his insurer, defendant State Farm Fire and Casualty Company (hereinafter State Farm), alleging breach of contract and bad faith dealing. Defendant sought summary judgment; plaintiff sought a partial summary judgment. The trial court awarded defendant summary judgment. Plaintiff has appealed; we affirm.

I. The Facts

The facts are not in dispute. On or about May 24, 1976, plaintiff McKee bought a homeowner’s policy from State Farm which included certain cov erage for personal property losses. The policy was renewed from year to year, and was in effect on April 3, 1979, when plaintiff’s residence was burglarized. On or about March 27, 1978, plaintiff had acquired certain silver coins, two bags of United States silver dollars, half dollars, and quarters minted prior to 1965; plaintiff had paid $3,830 per bag, the price reflecting the value of the silver content but considerably more than the face value of the coins. At the time of the burglary, plaintiff claimed the value of the coins was $11,512.20.

Plaintiff’s insurance policy, under…

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