Kotlar

In this action for breach of contract and negligence, plaintiff Jack Kotlar appeals from the judgment in favor of defendants after the trial court sustained a demurrer to his third amended complaint without leave to amend further. We reverse the judgment and remand the cause to the trial court with directions.

Facts and Proceedings Below

In substance, the complaint alleges as follows:

Jack Kotlar leased commercial property on Pico Boulevard in Los Angeles to Meir Sharvit doing business as Meir Produce (Meir). Under the lease Meir agreed to maintain liability insurance for the benefit of Kotlar.

Meir purchased a commercial general liability insurance policy from Hartford Fire Insurance Company (Hartford), naming Meir and Kotlar as insureds. Subsequently Kotlar received a certificate of insurance informing him he was named as an additional insured on the policy. This same document contained a provision in which Hartford promised it would “endeavor” to give Kotlar 30 days’ advance notice of cancellation of the policy.

The policy was to be effective from September 22, 1994, to September 22, 1995. However, at some time prior to the scheduled expiration date, Hartford…