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Panico v. Truck Insurance Exchange

California Court of Appeal

109 Cal. Rptr. 638 (2001)

Relevant factsFree

After days of rain caused ceiling tiles in an electronics store to fall and water to leak into the storeroom, the insurer denied a collapse-based property claim, and at an informal pretrial chambers conference where the plaintiff made an offer of proof, the trial court found the facts insufficient to show covered collapse and dismissed the case.

IssueFree

Whether a motion for nonsuit in a jury trial may be granted if the evidence presented is insufficient as a matter of law to permit a jury to find in favor of the plaintiff.

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