ALLSTATE INS. CO. v. MILLER

Docket No. 17336.

96 Cal.App.2d 778 (1950)

216 P.2d 565

ALLSTATE INSURANCE COMPANY (a Corporation), Respondent, v. FRANCIS A. MILLER et al., Defendants; JENNIE REED et al., Appellants.

Court of Appeals of California, Second District, Division Two.

April 3, 1950.


Attorney(s) appearing for the Case

Novack & Haberkorn for Appellants.

C.F. Jorz for Respondent.


McCOMB, J.

This is an appeal by defendants from a judgment in favor of plaintiff insurance company in an action for declaratory relief holding that plaintiff is not liable under its policy of insurance for the reason that the insured had made a material misrepresentation in his application for insurance.

Facts: On June 22, 1946, defendant Miller (who defaulted in the trial court and has not appealed), executed and delivered to plaintiff Allstate Insurance...

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