Gibbs M. Smith, Inc. v. United States Fidelity & Guaranty Co. ( 1997 )

ZIMMERMAN, Chief Justice,

dissenting:

I dissent from the result reached by the majority. I would hold that the property damage did not occur in the “coverage territory,” which is the United States, its territories and possessions, Puerto Rico, and Canada. I cannot agree that the books had been made or sold at the time of loss. It stretches credulity to argue that because this is one volume of a six-volume set, the whole series is to be seen as the “product.” For that reason, I would reverse the trial court and enter judgment for USF & G. Accordingly, I join with the majority in reversing the award of attorney fees. I also join in the majority’s reversal of the trial court’s judgment that the collateral source rule applied to the payment that Gibbs received from Regent Printing.

RUSSON, J., concurs in Chief Justice ZIMMERMAN’S dissenting opinion.