Stamm Theatres, Inc. v. Hartford Casualty Insurance
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PARRILLI, J.
The dictionary definitions of “decay” include a general sense of gradual deterioration in strength or soundness, and a more specific sense of rot or organic decomposition, This case presents the question whether a property insurance policy covering collapse of a building due to “hidden decay” applies to the unexpected failure of wooden roof trusses, with no evidence of rot. We conclude that coverage cannot be ruled out merely because the trusses were not rotten. An insurer promising coverage for collapse due to “hidden decay,” without limiting the scope of the term to…
2Cases cited9 opinions
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Palmer v. Truck Insurance ExchangeCalifornia Supreme Court · 1999
- State Farm Fire & Casualty Co. v. Von Der LiethCalifornia Supreme Court · 1991
- Scott v. Continental InsuranceCalifornia Court of Appeal · 1996
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3Cited by28 opinions
- 401 Fourth Street, Inc. v. Investors Insurance GroupSupreme Court of Pennsylvania · 2005
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- Tran v. Farmers Group, Inc.California Court of Appeal · 2003
- Easthampton Congregational v. Church Mutual Insurance Co.Court of Appeals for the First Circuit · 2019
- Advanced Network, Inc. v. Peerless InsuranceCalifornia Court of Appeal · 2010
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