Greco & Traficante v. Fidelity & Guaranty Ins. Co.
This appeal arises from the trial court's resolution of cross-motions for summary judgment or adjudication regarding the interpretation of a first party commercial property insurance policy issued by Fidelity & Guaranty Insurance Company (Fidelity) to Greco & Traficante (Greco). Plaintiff and appellant Greco, a law firm, sued defendant and respondent Fidelity for breach of contract, breach of the duty of good faith and fair dealing, and declaratory relief after Fidelity denied Greco's claim for recovery of a $57,000 loss sustained when billing data became unavailable. The trial court granted Fidelity's motion for summary judgment and denied Greco's cross-motion for summary adjudication. (Code Civ. Proc., 437c). Court conclude the trial court properly granted Fidelity's motion for summary judgment. Greco failed to carry its burden of showing its claim comes within the scope of Fidelity's policy, which insured against risks of direct physical loss. Greco's claim was not based on physical loss of covered property. Its remaining causes of action also lack merit. Accordingly, Court affirm the judgment.
Comments on Greco & Traficante v. Fidelity & Guaranty Ins. Co.