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ELLIANO v. ASSURANCE CO. OF AMERICA

Docket No. 43845.

45 Cal.App.3d 170 (1975)

119 Cal. Rptr. 653

GEORGE H. ELLIANO, Plaintiff and Appellant, v. ASSURANCE COMPANY OF AMERICA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

February 7, 1975.

Attorney(s) appearing for the Case

COUNSEL

Miller, Bronn, Brummett & Porter, Miller, Bronn & Brummett and John D. Miller for Plaintiff and Appellant.

Long & Levit and Richard B. Wolf for Defendant and Appellant.

OPINION

COLE, J.*

Plaintiff George Elliano's home, insured against fire perils by the defendant Assurance Company of America, was totally destroyed by fire on October 9, 1958. After a somewhat extended period of unsuccessful negotiations to settle the amount of the loss, Elliano filed suit on May 11, 1961. Judgment went against him, only to be reversed on appeal (Elliano v. Assurance Co. of America...

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