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BRESHEARS v. INDIANA LUMBERMENS MUT. INS. CO.

Docket No. 800.

256 Cal.App.2d 245 (1967)

63 Cal. Rptr. 879

LOYCE BRESHEARS, Plaintiff and Respondent, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY OF INDIANAPOLIS, INDIANA, Defendant and Appellant; FIRST SAVINGS AND LOAN ASSOCIATION, Intervener and Respondent.

Court of Appeals of California, Fifth District.

November 21, 1967.

Attorney(s) appearing for the Case

McGregor, Bullen & McKone and Michael M. McKone for Defendant and Appellant.

John A. Gates for Plaintiff and Respondent.

Bradford, Cross, Dahl & Hefner and Theodore M. Marois, Jr., for Intervener and Respondent.

GARGANO, J.

The sole question presented in this appeal is whether, after recovering under an "open" fire insurance policy the cost of restoring a building to its pre-fire condition, the respondents may also recover the additional costs of reconstructing in compliance with changed building codes. Accordingly, the controversy centers on the interpretation of sections 411, 412, 2051, 2070 and 2071 of the Insurance Code...

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