Parlier Fruit Co. v. Fireman's Fund Insurance

Plaintiff’s packing house was destroyed by fire in 1952. This action was brought to recover upon policies of fire insurance covering the packing house and its contents, as well as on oral “binder coverages,” allegedly issued by a-general agent for six defendant insurers, covering use and occupancy loss. On the first trial, judgment was in favor of plaintiff as to the fire insurance, and in favor of defendants on the binder coverages. The judgment for plaintiff was affirmed on appeal, and that in favor of defendants was reversed. (Parlier Fruit Co. v. Fireman’s etc. Ins. Co., 151 Cal.App.2d 6 [ 311 P.2d 62 ].) Retrial concerned only the use and occupancy insurance. The trial court determined the form of policy which was contemplated by the parties; that the premium for such policy was $1,950.75; and that plaintiff’s use and occupancy loss thereunder was $74,985. Judgment was entered in favor of plaintiff for the latter amount plus interest, less, however, the amount of the annual premium. Plaintiff appeals, contending only that the premium of $1,950.75 should not have been deducted.

Plaintiff’s principal argument is that defendants cannot have this offset because they failed to…