Ocean Harbor Casualty Insurance v. Aleman

Appellant/plaintiff, Ocean Harbor Casualty Insurance Company appeals the dismissal of its complaint for declaratory judgment. Respectfully, I would reverse the trial court’s dismissal of the declaratory judgment action.

The appellee, Francisco Aleman, owned an automobile insured by Ocean Harbor. It was involved in an accident while being driven by Legia Lorenzo Espinoza. Ocean Harbor filed a lawsuit seeking a declaratory judgment that there was no coverage under the policy due to a material misrepresentation allegedly made by Aleman during the application process, i.e., that there were no…