Fidelity and Guaranty Insurance Company, et al. vs. German Motors Corp. et al.
Year 2006
Court California Supreme Court
Case Number S158329
  • Garage keepers policy; interpretation of "necessary or incidental"
  • California

Letter brief requesting Petition for Review of Appellate decision. Under a garage keepers policy the phrase “necessary or incidental to” when evaluating scope of coverage is not supported by the broader interpretation contained in published opinions in other states or any published opinions in California. Allowing the restrictive interpretation of the Appellate Court to stand contravenes California’s long standing interest in finding ways to grant, rather than deny, insurance coverage. See Mariscal v. Old Republic Life Ins. Co. (1996) 42 CA 4th 1617.