TUCHMAN v. AETNA CASUALTY & SURETY CO.

Docket No. B077162.

44 Cal.App.4th 1607 (1996)

52 Cal. Rptr.2d 274

SAMUEL TUCHMAN et al., Plaintiffs and Appellants, v. AETNA CASUALTY AND SURETY COMPANY et al., Defendants and Respondents.

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

April 30, 1996.


Attorney(s) appearing for the Case

COUNSEL

Berman, Blanchard, Mausner, Kindem & Resser, Jeffrey N. Mausner and Paul A. Hoffman for Plaintiffs and Appellants.

Haight, Brown & Bonesteel, David F. Peterson, David L. Jones and Thomas N. Charchut for Defendants and Respondents.


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...

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