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MONTELEONE v. ALLSTATE INS. CO.

Docket No. B098803.

51 Cal.App.4th 509 (1996)

MONTE MONTELEONE et al., Plaintiffs and Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant and Respondent.

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

November 6, 1996.

Attorney(s) appearing for the Case

COUNSEL

West & Miyamoto and Ronald K. Miyamoto for Plaintiffs and Appellants.

Pollak, Vida & Fisher, Michael M. Pollak and Gerard A. Lafond, Jr., for Defendant and Respondent.

OPINION

STONE (S.J.), P.J.

Here we hold that Allstate Insurance Company did not breach its contractual duty to its insured by refusing to defend a third party lawsuit. The accident or loss occurred during the time the policy had lapsed for nonpayment of premium.

Monte Monteleone, Cindi Monteleone, and April Monteleone appeal from a judgment entered upon grant of summary judgment in favor of respondent Allstate Insurance Company...

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