In Heckart v. A-1 Self Storage, Inc., 4 Cal. 5th 749
(2018), the California Supreme Court affirmed the judgment of the
Court of Appeal sustaining the demurrer filed by defendants A-1
Self Storage, Inc. ("A-1") and Deans & Homer
(collectively, "Defendants") to plaintiff Samuel
Heckart's ("Heckart") complaint, alleging that an
indemnity agreement sold by A-1 in connection with its storage
rental agreements constituted a contract of insurance, and that
such sale was in violation of the Insurance Code because A-1 is not
licensed to sell insurance.
A-1 owns a self-storage facility where Heckart rented a unit in
June 2012 for $55 per month. The rental agreement signed by
Heckart ("Rental Agreement") released A-1 from liability
for loss of or damage to property stored at the facility and
required Heckart to maintain insurance for the value of his stored
property. If Heckart elected to participate in the Customer
Goods Protection Plan ("Protection Plan"), it would
modify