S. Kornreich & Sons, Inc. v. Genesis Insurance

Good Law
1997 Cal. App. LEXIS 556·56 Cal. App. 4th 407·65 Cal. Rptr. 2d 418·97 Daily Journal DAR 9084·97 Cal. Daily Op. Serv. 5658
Court of Appeal of CaliforniaJuly 15, 1997B089803California4,311 words

Opinion

Opinion

Johnson, J.

In this case, the trial court granted an insurance company’s motion for summary judgment on a cross-complaint filed by a broker because the court determined temporary coverage of the insured’s newly acquired property had expired before the fire loss occurred. We conclude the provisions of the policy only gave the insured temporary coverage of the new property and this coverage terminated before the loss. Accordingly, we affirm the trial court’s decision.

Facts and Proceedings Below

This appeal arises from a fire loss claim on a commercial property insurance policy. In the civil action below, Raintree Associates, Ltd. and its general partner Stanley Fimberg, Ltd. (collectively Raintree) alleged causes of action for breach of contract, breach of fiduciary duty, negligence, and declaratory relief. The defendants in Raintree’s lawsuit were Genesis Insurance Company (Genesis), the alleged insurer; S. Kornreich & Sons, Inc., and Associated Programs, Inc. (collectively Kornreich), which are affiliated New York insurance brokers who requested property coverage for Raintree from Genesis; and M.G. Skinner & Associates, Inc. (Skinner), the Los Angeles insurance broker the insured…

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