California Court of Appeal April 30, 1996, B077162 (Tuchman v. Aetna Casualty & Surety Co.)

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.