What is the test for a breach of contract claim?

California, United States of America


The following excerpt is from Foster v. Interinsurance Exch. of the Auto. Club, B278723 (Cal. App. 2018):

In analyzing plaintiff's claim for breach of contract, we begin with the language of the contract itself, interpretation of which is a question of law. (Rosen v. State Farm General Ins. Co. (2003) 30 Cal.4th 1070, 1074.) " ' "[T]he mutual intention of the parties at the time the contract is formed governs interpretation." [Citation.] If possible, we infer this intent solely from the written provisions of the insurance policy. [Citation.] If the policy language "is clear and explicit, it governs." ' " (Ibid.)

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