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FIREMAN'S FUND AMERICAN INS. CO. v. ESCOBEDO

Docket No. 40751.

80 Cal.App.3d 610 (1978)

145 Cal. Rptr. 785

FIREMAN'S FUND AMERICAN INSURANCE COMPANY, Plaintiff and Respondent, v. ALFRED M. ESCOBEDO, SR., et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Four.

May 4, 1978.

Attorney(s) appearing for the Case

COUNSEL

Tunney, Carlyle, Vanasse & Gannon, Gerald P. Tunney, Bostwick & Rowe, Everett P. Rowe, Hoge, Fenton, Jones & Appel and H.R. Lloyd, Jr., for Defendants and Appellants.

Wines, Robinson, Wood & Anderson and Thomas R. Fellows for Plaintiff and Respondent.

OPINION

CHRISTIAN, J.

This appeal is concerned with the attempted rescission of an assigned risk automobile liability policy allegedly obtained through misrepresentation.

Employer's Casualty Company notified its insured, Alfred S. Escobedo, following an accident in which Escobedo was involved, that as of the date of its original issuance it was rescinding, pursuant to section 331 of the Insurance Code, the automobile liability...

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