1. Home
  2. Browse Decisions
  3. Cal.Rptr.3d
  4. 25 Cal.Rptr.3d
  5. 25 Cal.Rptr.3d 627 (2005)
 

MITCHELL v. UNITED NAT. INS. CO.

No. B170364.

25 Cal.Rptr.3d 627 (2005)

127 Cal.App.4th 457

James E. MITCHELL, Individually and as Trustee of the Mitchell Family Trust, Plaintiff and Appellant, v. UNITED NATIONAL INSURANCE COMPANY, Defendant and Respondent.

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

March 8, 2005.

Attorney(s) appearing for the Case

Law Office of Mann & Elias; Imad Y. Elias, Beverly Hills, for Plaintiff and Appellant.

Nielsen, Haley & Abbott LLP; James C. Nielsen, San Francisco, August L. Lohuaru, Los Angeles, for Defendant and Respondent.

MOSK, J.

We hold that an insurer may, under Insurance Code sections 331 and 359, rescind a fire insurance policy based on an insured's negligent or unintentional misrepresentation of a material fact in an insurance application, notwithstanding the willful misrepresentation clause included in the required standard form fire insurance policy (Ins. Code § § 2070 and 2071). Because there was undisputed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases