Legal Opinion

Diep v. California Fair Plan Assn.

California Court of Appeal

Decided May 12, 1993No. B056315PublishedCited by 7 opinions

1Opinion of the Court

Opinion

ORTEGA, Acting P. J.

We affirm the trial court’s grant of summary judgment to the defendant.

Background

Plaintiff Bao Tan Diep, doing business as Maxim’s Mattress Co., housed his business in a warehouse, which was covered by an insurance policy issued by defendant California Fair Plan Association. Plaintiff leased the property from Wendy and Allen Hart. The Harts contracted with Gruver Construction to repair the roof. Gruver removed a portion of the roof and covered the opening with plastic sheeting. According to plaintiff, during two rain storms, “the plastic sheeting was blown open,…

2Cases cited9 opinions

  1. Stationers Corp. v. Dun & Bradstreet, Inc.California Supreme Court · 1965
  2. Walsh v. WalshCalifornia Supreme Court · 1941
  3. Barnett v. Delta Lines, Inc.California Court of Appeal · 1982
  4. Bonus-Bilt, Inc. v. United Grocers, Ltd.California Court of Appeal · 1982
  5. Wiler v. Firestone Tire & Rubber Co.California Court of Appeal · 1979

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3Cited by7 opinions

  1. Victory Peach Group, Inc. v. Greater New York Mutual InsuranceNew Jersey Superior Court Appellate Division · 1998
  2. Marshak v. BallesterosCalifornia Court of Appeal · 1999
  3. Tento International, Inc. v. State Farm Fire & Casualty Co.Court of Appeals for the Ninth Circuit · 2000
  4. Aginsky v. Farmers Insurance ExchangeDistrict Court, D. Oregon · 2005
  5. 11640 Woodbridge Condominium Homeowners' Assn. v. Farmers Ins. ExchangeCalifornia Court of Appeal · 2025

2 more not listed; retrieve them via the Exa API.

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