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California Civil Procedure, Keyed to Levine, 6th Ed.
Panico v. Truck Insurance Exchange
Citation:
90 Cal. App. 4th 1294, 109 Cal. Rptr. 638 (2001)Facts
Ronald and Patty Panico owned Travis Electronics, which operated in a two-story building. After four days of rain in November 1994, employees discovered that four to six acoustical ceiling tiles (each two-by-two feet) had fallen from the second-floor storeroom ceiling, leaving an opening through which the roof was visible. Patty Panico observed a hole in the roof above, estimated by holding her thumb and forefinger approximately half an inch apart and holding them up for comparison. She testified she saw water coming through where the tiles had been and believed water had been pouring through the hole in the ceiling earlier, with the source being the hole in the roof. The falling tiles and water damaged Travis’s stored property, prompting an insurance claim that Truck Insurance denied on grounds the policy only covered losses from building collapse.
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