Gilbert v. The Dentists Ins. Co. CA3
FACTS In this insurance coverage case, an individual dentist -- Dr. William A. Gilbert, D.D.S. -- claims coverage for lost dental practice income due to a sewage backup in an office building. The building is owned by a partnership (WGS Dental Complex) of which Gilbert is a partner. The partnership had insurance on the building, issued by The Dentist Insurance Company (TDIC). The partnership has no interest in Gilbert’s dental practice, yet Gilbert contends the partnership’s insurance policy on the building provides coverage for his separate individual dental practice. Gilbert, as cross-complainant, appeals from judgment entered in favor of cross-defendant TDIC after the trial court granted TDIC’s motion in limine to exclude any evidence that the policy insures Gilbert as an individual. Gilbert contends the motion was a disguised summary adjudication motion lacking procedural safeguards and deprived Gilbert of his due process right to a fair trial. Gilbert also contends the
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