WATTS v. FARMERS INS. EXCHANGE

No. B149606.

120 Cal.Rptr.2d 694 (2002)

98 Cal.App.4th 1246

Bobby G. WATTS et al., Plaintiffs and Appellants, v. FARMERS INSURANCE EXCHANGE, Defendant and Respondent.

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

June 5, 2002.


Attorney(s) appearing for the Case

Andrews & Hensleigh and Joseph Andrews, Los Angeles, for Plaintiffs and Appellants.

Nemecek & Cole, Jonathan B. Cole, Julie A. Covell, Sherman Oaks, and Michael R. Newhouse for Defendant and Respondent.


Certified for Partial Publication.*

CURRY, J.

This case raised the issues of whether a fraud or false swearing defense to an insurance claim can be established without proof that the insurer relied on the misrepresentation to its prejudice and whether an innocent co-insured who holds property jointly with an insured who has committed fraud is automatically excluded from coverage. We hold that the false swearing defense can be raised...

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