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TRB INVESTMENTS v. FIREMAN'S FUND INS.

No. S136690.

50 Cal.Rptr.3d 597 (2006)

40 Cal.4th 19

TRB INVESTMENTS, INC., et al., Plaintiffs and Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

November 13, 2006.

Attorney(s) appearing for the Case

Law Office of Timothy L. Kleier, Timothy L. Kleier, Bakersfield; Law Office of Mark A. Ginella and Mark A. Ginella, Valley Center, for Plaintiffs and Appellants.

Law Office of Amy Bach, Amy Bach, Mill Valley; Goldstein, Gellman, Melbostad, Gibson & Harris, Lee S. Harris, San Francisco; Fried & Epstein and Lee M. Epstein, for United Policyholders as Amici Curiae on behalf of Plaintiffs and Appellants.

Hager & Dowling, Jeffery D. Lim, Jessica M. Johnson and John V. Hager, Santa Barbara, for Defendant and Respondent.

MORENO, J.

This case involves a property insurance policy that withdraws coverage for specified perils while the insured premises are vacant. The pertinent exclusion contains an exception stating that buildings "under construction" are not considered vacant. The question before us concerns whether the work being performed on the building at the time of the loss rendered the building "under construction" such that the vacancy exclusion does not apply.

Plaintiffs...

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