Case Summary

4997 Where an insurer denied an insured trucking company's claim, the trial court properly sustained the insurer's demurrer to the insured's fraud claim and properly granted summary judgment to the insurer on the insured's claims for breach of contract, breach of implied covenant of good faith and fair dealing, and unfair competition. Although the insurer improperly failed to disclose the existence of a one-year contractual limitations provision when it denied the claim, the policy was invalid under Insurance Code § § 331, 334, and 359 because the insured misrepresented material facts to the insurer when applying for the policy by not disclosing the types of vehicles that it hauled.

SUPERIOR DISPATCH v INSURANCE CORP OF NY (Damaged Dump Truck) 181 CA4 175 [See Cal Code Regs, tit 10, § 2695.4 (Insurance Regs); Ins Code § § 331, 359; LA Sound USA v St Paul Fire & Marine Ins 156 CA4 1259]