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BURNS v. CALIFORNIA FAIR PLAN

No. B192590.

61 Cal.Rptr.3d 809 (2007)

152 Cal.App.4th 646

Ann BURNS et al., Plaintiffs and Appellants, v. CALIFORNIA FAIR PLAN et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Five.

June 25, 2007.

Attorney(s) appearing for the Case

Shernoff, Bidart & Darras, Michael J. Bidart, Ricardo Echeverria, Claremont; The Ehrlich Law Firm, Jeffrey Isaac Ehrlich; Girardi & Keese, Thomas V. Girardi, Amanda L. McClintock, Los Angeles; Engstrom, Lipscomb & Lack, Jerry A. Ramsey and Brian J. Heffernan, Los Angeles, for Plaintiffs and Appellants.

Lewis, Brisbois, Bisgaard & Smith, Richard B. Wolf and Gerard A. Lafond, Jr., Los Angeles, for Defendant and Respondent California Fair Plan Association.

Ault, Schonfeld, Jordan & Munro, R. Michael Jordan and David M. Plouff, San Diego, for Defendant and Respondent for Clarendon National Insurance Company.

KRIEGLER, J.

The holder of a life estate on a residence and a trust holding the remainder interest separately purchased fire insurance policies on the dwelling from different insurance companies. When the home was destroyed by fire, the life tenant and the trust brought this action, seeking to each obtain the full value of the residence on their respective insurance policies, a total amount in excess of the damage to the residence. Invoking the "other insurance" provision...

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