McMILLIN SCRIPPS NORTH PARTNERSHIP v. ROYAL INS. CO. OF AMERICA

Docket No. D014527.

19 Cal.App.4th 1215 (1993)

23 Cal. Rptr.2d 243

McMILLIN SCRIPPS NORTH PARTNERSHIP, Plaintiff and Appellant, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

September 30, 1993.


Attorney(s) appearing for the Case

COUNSEL

Jennings, Engstrand & Henrickson, Gerald Smolin, Jr., Karen M. Stuckey, Sobel & Custer, Janet E. Sobel and Patricia Jo Custer for Plaintiff and Appellant.

Hill, Wynne, Troop & Meisinger, Kirk A. Pasich, Amy Kincaid Berry and Lori M. Yankelevits as Amici Curiae on behalf of Plaintiff and Appellant.

McCormick & Mitchell, John P. McCormick, David G. Axtmann, William R. Polk, William R. Baber, Cozen & O'Connor and Peter A. Lynch for Defendant and Respondent.


OPINION

BENKE, J.

In this case the insured under a first party property insurance policy concedes it has not experienced any loss covered by the policy. Nonetheless, the insured argues the insurer should reimburse it for expenses it incurred in determining whether its losses were covered by the policy.

We find nothing on the face of the policy which provides for reimbursement of the investigation costs the insured is seeking...

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