Mar. 30, 2004

In 'E.M.M.I.,' Supreme Court Snarls Fate of 'Plain Meaning'

The state Supreme Court just decided E.M.M.I. Inc v. Zurich American Ins. Co., 2004 DJDAR 2245 (Cal. Feb. 23, 2004), involving an exception to an exclusion in a "jeweler's block" policy. Specifically, the policy excluded "'loss' caused or resulting from ... [t]heft from any vehicle unless, you, an employee, or other person whose only duty is to attend the vehicle are actually in or upon such vehicle at the time of the theft."

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.