Hung Van Ong v. Fire Ins. Exchange

Opinion

CHANEY, J.

SUMMARY

Plaintiff and appellant Hung Van Ong (Plaintiff) appeals from a stipulated judgment entered in favor of defendant and respondent Fire Insurance Exchange (Defendant) after the trial court granted Defendant’s motion for summary adjudication of Plaintiff’s claim for breach of contract.1 2Plaintiff contends that the trial court erred in concluding that a vacancy exclusion in his policy for a loss from “vandalism or malicious mischief’ applied to fire damage caused by a warming fire started by a transient that spread to other parts of the property. We agree and reverse.

FACTU…