OLD LINE LIFE INS. CO. v. SUPERIOR COURT

Docket No. A051979.

229 Cal.App.3d 1600 (1991)

281 Cal. Rptr. 15

OLD LINE LIFE INSURANCE COMPANY OF AMERICA et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; IMOGENE S. SILVERA TRUST, Real Party in Interest.

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

May 9, 1991.


Attorney(s) appearing for the Case

COUNSEL

Kornblum, Ferry & Frye, John C. Ferry and Samuel M. Zaif for Petitioners.

No appearance for Respondent.

Hartsell & Caselli and Roger L. Hartsell for Real Party in Interest.


OPINION

ANDERSON, P.J.

Petitioners seek review of an order denying their motion for summary judgment. The action against petitioners arises from the rescission by petitioner, the Old Line Life Insurance Company of America (Old Line Life), of a life insurance policy. Rescission was based upon the undisputed fact that the insured misrepresented her history as a smoker on the insurance...

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