Congress Bar & Restaurant, Inc. v. Transamerica Insurance

Fundamentally, appellants attack the trial court for both an error in law in determining that under the policies the respondent is given “a choice” to rebuild, repair, or replace the property damaged in the fire, and an error in its factual determination that a period of eleven months was “necessary for the plaintiff to rebuild and restore the damaged premises.” These are two of the three issues presented on this appeal. The third, raised by respondent’s motion to review, is whether the respondent is entitled to prejudgment interest from the date of the fire.

Policy Interpretation.

The…