Kapnisis

INTRODUCTION

In this insurance coverage dispute, Konstantinos Kapnisis (Kapnisis) appeals from the judgment entered following the trial court’s order granting summary judgment in favor of Colony Insurance Company (Colony). Kapnisis wanted to buy a restaurant called Big Oaks. The same day Kapnisis signed the purchase agreement, he also signed a month- to-month lease to rent Big Oaks pending the close of escrow. The lease required him to pay Big Oaks’ insurance premium in order to operate the restaurant. Colony subsequently issued a policy naming Big Oaks as the insured. Two weeks later, a fire destroyed Big Oaks. Colony issued checks payable to “Big Oaks” and sent payment to the mailing address listed in the insurance policy. On appeal, Kapnisis challenges the trial court’s ruling on breach of contract and breach of implied covenant of good faith and fair dealing against Colony.1 Kapnisis contends Colony breached the insurance policy by failing to pay him the insurance benefits. In addition, Kapnisis argues Colony acted in bad faith because Colony refused to pay him despite knowing he was the insured. We disagree and affirm the judgment.

In his opening brief, Kapnisis…