The Sombrero, Inc. v. Markel International Ins. Co. CA4/2
Opinion
Opinion
INTRODUCTION
Thee Sombrero Inc. (Thee Sombrero) owns commercial real property in Colton.
Defendant and respondent, Markel International Insurance Company, Ltd. (Markel), was
the insurer for Thee Sombrero under an insurance policy. Harry W. Gorst Co., Inc.
(Gorst) is an insurance broker. The trial court granted defendants’ motion for summary
judgment on the Thee Sombrero’s belated 2012 lawsuit for insurance coverage for
damages caused by vandalism in 2007. In the absence of any disputed material facts, we
affirm the judgment.
II
FACTUAL AND PROCEDURAL BACKGROUND
The parties’ separate statements established the following undisputed material
facts. Thee Sombrero owns commercial real property and personal property in Colton.
Markel is a surplus lines insurer. Gorst is a surplus lines insurance broker.
Thee Sombrero’s insurance broker, RISCO Insurance Services, Inc. (RISCO),
directed Gorst to procure a commercial insurance policy for Thee Sombrero. Gorst
obtained a policy from Markel which was effective from February 2007 to February
RISCO is not a party.
2 2008. Gorst delivered the policy to RISCO and RISCO forwarded the policy to Thee