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ALLSTATE INS. CO. v. McCURRY

Docket No. 20981.

224 Cal.App.2d 271 (1964)

36 Cal. Rptr. 731

ALLSTATE INSURANCE COMPANY, Plaintiff and Respondent, v. ALLINE McCURRY et al., Defendants and Appellants.

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

January 23, 1964.

Attorney(s) appearing for the Case

Thorne, Stanton, Clopton, Herz & Stanek, John E. Thorne and Herbert S. Stanek for Defendants and Appellants.

Grunsky & Pybrum and Elmer Pybrum for Plaintiff and Respondent.

BRAY, P.J.

Defendants Alline McCurry and Gerald McCurry appeal from a judgment in favor of plaintiff, refusing said defendants declaratory relief under an insurance policy issued to defendant Ronald M. Price, who defaulted herein.

QUESTION PRESENTED.

Should defendants' demurrer have been sustained on the ground that section 650, Insurance Code, limiting time for rescission of an insurance contract, applies? This, in turn, requires determination of...

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