Fire Insurance Exchange v. Superior Court

MILLER, J., Dissenting.

I respectfully dissent. I would affirm the trial court’s denial of Fire Insurance Exchange’s (Fire Insurance) motion for summary judgment.

DISCUSSION

A. Standard of Review

The independent standard of review is applied to the trial court’s order denying Fire Insurance Exchange’s (Fire Insurance) motion for summary judgment. (Baroco West, Inc. v. Scottsdale Ins. Co. (2003) 110 Cal.App.4th 96, 99 [1 Cal.Rptr.3d 464] (Baroco) [Fourth Dist., Div. Two].) Specifically, the record is independently examined “ ‘in order to determine whether triable issues of fact exist to reinstate…