E.M.M.I. INC. v. ZURICH AMERICAN INS. CO.

No. S109609.

9 Cal.Rptr.3d 701 (2004)

32 Cal.4th 465

84 P.3d 385

E.M.M.I. INC., Plaintiff and Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

Rehearing Denied April 28, 2004.


Attorney(s) appearing for the Case

Quisenberry & Kabateck, Kabateck & Kropff, Kabateck & Garris, John N. Quisenberry, Brian S. Kabateck, James B. Kropff, Heather M. Mason, Los Angeles, Suzanne L. Havens Beckman and Jerilyn Jacobs for Plaintiff and Appellant.

Cummins & White and Annabelle M. Harris, Newport Beach, for Vartan Karlubian and Cummins & White as Amici Curiae on behalf of Plaintiff and Appellant.

Bishop, Barry, Howe, Haney & Ryder, Mark Koop, Jonathan Gross and Jay E. Framson for Defendant and Respondent.

Deborah J. La Fetra for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Respondent.


MORENO, J.

We are called upon in this case to interpret the scope of an exception to a provision excluding coverage in a "jeweler's block" insurance policy. The provision at issue exempted from coverage jewelry stolen from a vehicle unless the insured was "actually in or upon such vehicle at the time of the theft." The question presented is whether the exception to that exclusion applies when the insured is not in the...

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