Legal Opinion
Tuchman v. Aetna Casualty & Surety Co.
California Court of Appeal
Decided April 30, 1996No. B077162PublishedCited by 4 opinions
1Opinion of the Court
Opinion
HASTINGS, J.
This is an appeal on an issue of law: application of an exclusion based upon neglect of insureds in connection with a claim of theft made by the insureds to their homeowners insurance carrier. We conclude the trial court erred in applying the exclusion to the facts presented. We reverse and remand for further proceedings.
Background
Appellants, Samuel and Betty Tuchman, are collectors of antiques, having acquired numerous items on various trips to Europe. After restoration, they use the antiques in their home or they store them.
In 1985 or 1986, appellants moved from a…
2Cases cited9 opinions
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Blumberg v. Guarantee InsuranceCalifornia Court of Appeal · 1987
- Fred A. Chapin Lumber Co. v. Lumber Bargains, Inc.California Court of Appeal · 1961
- McKee v. State Farm Fire & Casualty Co.California Court of Appeal · 1983
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3Cited by4 opinions
- Evergreen Recycle, L.L.C. v. Indiana Lumbermens Mutual Insurance Co.Court of Appeals of Kansas · 2015
- Jordan v. United Ohio Ins. Co.Ohio Court of Appeals · 2021
- Groves v. American Family Mutual Insurance Company, S.I.District Court, E.D. Wisconsin · 2020
- Stewart v. Universal Property & Casualty Insurance CompanyDistrict Court of Appeal of Florida · 2026