An attorney friend (yes, I admit to having friends who are attorneys)
just sent this to me:
AUTOS, CONTRACTS, INSURANCE LAW E.M.M.I. INC. v. ZURICH AM. INS. CO.,
No S109609 (Cal. February 23,2004) A provision in a "jeweler’s block"
insurance policy excluding from coverage jewelry stolen from a
vehicle unless the insured was “actually in or upon such vehicle at
the time of the theft” is ambiguous; it fails to plainly alert
insureds that there is no coverage if a theft occurs when the insured
has stepped out of the vehicle but remains in close proximity and is
attending to it.
Summary judgment for defendant is reversed.
To read the full text of this opinion, go to:[PDF File]
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