TRB Investments, Inc. v. Fireman's Fund Insurance

Opinion

MORENO, J.

This case involves a property insurance policy that withdraws coverage for specified perils while the insured premises are vacant. The pertinent exclusion contains an exception stating that buildings “under construction” are not considered vacant. The question before us concerns whether the work being performed on the building at the time of the loss rendered the building “under construction” such that the vacancy exclusion does not apply.

Plaintiffs argue their efforts meant that the structure was “under construction” and therefore covered under the policy when a water heater…