Diep

We affirm the trial court’s grant of summary judgment to the defendant.

Background

Plaintiff Bao Tan Diep, doing business as Maxim’s Mattress Co., housed his business in a warehouse, which was covered by an insurance policy issued by defendant California Fair Plan Association. Plaintiff leased the property from Wendy and Allen Hart. The Harts contracted with Gruver Construction to repair the roof. Gruver removed a portion of the roof and covered the opening with plastic sheeting. According to plaintiff, during two rain storms, “the plastic sheeting was blown open, rain entered and flooded the property, causing extensive damage to appellant’s warehoused mattresses.”

Plaintiff sued the Harts and Gruver, and later amended to add defendant. Plaintiff secured an arbitration award against the Harts and Gruver, which has been satisfied. The Harts and Gruver are not party to this appeal.

Defendant sought summary judgment on two grounds, that failure to give proper and timely notice of the claim defeated coverage, and that since the plastic sheeting did not constitute a “roof,” the policy did not cover the occurrence. Although the trial court granted summary judgment on the…