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UNITED SERVICES AUTOMOBILE ASSN. v. PEGOS

No. C041467.

131 Cal.Rptr.2d 866 (2003)

107 Cal.App.4th 392

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff and Respondent, v. David A. PEGOS, Defendant and Appellant.

Court of Appeals of California, Third District.

Rehearing Denied April 21, 2003.

Review Denied July 9, 2003.

Attorney(s) appearing for the Case

Porter, Scott, Weiberg & Delehant and Brendan J. Begley, Sacramento, for Defendant and Appellant.

Schuering Zimmerman & Scully, Keith D. Chidlaw and Christian Koster, Sacramento, for Plaintiff and Respondent.

Certified for Partial Publication.*

ROBIE, J.

Unless it has conducted a reasonable investigation as to the insurability of its insured, an insurance company may not rescind an automobile insurance policy based upon the material misrepresentations of its insured after the insured injures a third party. (Barrera v. State Farm Mut. Automobile Ins. Co. (1969) 71 Cal.2d 659, 681, ...

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