Summary Judgment In Favor Of Insurance Company Reversed.

A commercial property was vandalized while vacant. The owner brought an action against the property’s insurer. The policy stated: “Rent [¶] We will pay: [¶]a. your net loss of rental income; and [¶] b. rents accrued but rendered uncollectible by reason of a covered loss at a location described on the Declarations Page; and [¶] c. your extra expenses necessarily incurred to minimize your rental income loss, but only to the extent that the rental income loss we would otherwise pay is reduced.” The parties filed competing motions for summary judgment as to whether the insurer was liable for rent in the absence of a tenant. The trial court granted summary judgment in favor of the insurer, and the appellate court reversed, stating: “We hold that under the terms of the policy, recovery for lost rent did not require the owner to have an existing tenant, and there are triable issues of fact as to whether the property would have been rented but for the vandalism damage.” (Ventura Kester, LLC v. Folksamerica Reinsurance Company  (Cal. App. Second Dist., Div. 5; September 11, 2013) 219 Cal.App.4th 633.