Jones
Jones v. Aetna Casualty & Surety Co.
Opinion
Opinion
Merrill, J.
— Frank N. Jones, Donna M. Jones and Snowcreek, Inc. (Jones), appeal from the judgment entered in favor of respondent Aetna Casualty and Surety Company (Aetna), following the order sustaining the demurrer without leave to amend to Jones’s first amended complaint for tortious breach of insurance contract.
Factual and Procedural Background
Our review of the sufficiency of a complaint against a general demurrer admits all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Accordingly, the following factual statement, gleaned from Jones’s first amended complaint, is accepted as true for purposes of this appeal.
Jones had leased commercial property in Danville from Danville L&M Limited (lessor) for the operation of their restaurant. Pursuant to the lease agreement, lessor was obligated to maintain rental income insurance providing coverage for damage or destruction from fire or other perils. The lease stated this coverage would be at Jones’s expense and the policy would provide that the loss would be payable to lessor. The lease also stated that…