Alex R. Thomas & Co. v. Mutual Service Casualty Insurance
Opinion
Opinion
Stevens, J.
Alex R. Thomas & Company (ARTCO) appeals from a judgment entered after the trial court granted summary judgment in favor of ARTCO’s insurer, respondent Mutual Service Casualty Insurance Company (MSI). ARTCO contends: (1) MSI failed to establish that the sole or efficient proximate cause of ARTCO’s loss was excluded under the MSI policy; (2) ARTCO could maintain its causes of action for bad faith and negligence in the absence of coverage; and (3) the court erred in refusing to continue the summary judgment proceeding under Code of Civil Procedure section 437c, subdivision (h). ARTCO’s contentions are without merit, and we affirm the judgment.
I. Facts and Procedural History
ARTCO is a commercial packer and shipper of pears. Its packing facility includes three icehouses used for the cold storage of pears pending packing and shipping. In October 1998, an ammonia leak occurred in an aluminum refrigeration coil in the south icehouse. ARTCO sought compensation under the MSI policy for the repair and replacement of the affected portion of its refrigeration system. After ARTCO proceeded to repair its refrigeration system, MSI denied ARTCO’s claim.