Opinion
No. 25554.
March 8, 1971.
Wiener, Goldwater Galatz, Las Vegas, Nev., for appellant.
Singleton, Beckley, Delanoy, Jemison Reid, Las Vegas, Nev., Augustus Castro, John D. Hoffman, San Francisco, Cal., for appellee.
Before HAMLEY, DUNIWAY and KILKENNY, Circuit Judges.
Friedland appeals from a declaratory judgment that Underwriters is not obligated to pay Friedland's claim under an insurance policy issued by Underwriters. This is a diversity case and Nevada law applies. Friedland argues that proof of a misrepresentation made before issuance of the formal policy but after issuance of a binder contract should have been excluded under the parol evidence rule. The proof did not alter or vary the terms of the insurance policy; it demonstrated the existence of a condition precedent that Friedland purported to fulfill by means of his misrepresentation. Child v. George Miller, Inc., 1958, 74 Nev. 223, 227, 327 P.2d 342, 343, 344; Western Nat. Ins. Co. v. Trent, 1952, 69 Nev. 239, 243, 247 P.2d 208, 210.
Friedland's misrepresentation induced Underwriters to issue the policy. As such, it was a material misrepresentation. See Violin v. Fireman's Fund Ins. Co., 1965, 81 Nev. 456, 458, 406 P.2d 287, 288.
Affirmed.