Summary
granting plaintiff-insurer summary judgment on its rescission claim, explaining that, although the policy had no express fraud provision, the intentional misrepresentation of a material fact in an insurance claim is a basis for rescinding a policy under the California Insurance Code
Summary of this case from Lincoln Benefit Life Co. v. DallalOpinion
CASE NO. CV 12-01753 MMM (PJWx)
03-15-2013
AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff, v. CHARLES R. FINDLEY, an individual, SANDRA FINDLEY, an individual, and DOES 1-10, inclusive, Defendants.
JUDGMENT FOR PLAINTIFF
AMERICAN GENERAL LIFE AND
ACCIDENT INSURANCE COMPANY
On March 15, 2013, the court granted plaintiff American General Life and Accident Insurance Company's motion for summary judgment. Accordingly,
IT IS ORDERED AND ADJUDGED
1. That American General Life and Accident Insurance Company recover from Sandra Findley compensatory damages of $189,300, $6,000 in punitive damages, and $36,652.27 in prejudgment interest. This sum shall bear post-judgment interest at
the annual rate of 0.15% per year; and
2. That the action be, and it hereby is, dismissed.
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MARGARET M. MORROW
UNITED STATES DISTRICT JUDGE