Duarte v. Pac. Specialty Ins. Co.
California Court of Appeal, 5th District
1Opinion of the CourtMiller, J.
*47Not long after Victor Duarte bought an insurance policy from Pacific Specialty Insurance Company (Pacific) to cover a rental property he owned, he was sued by his tenants. When Pacific refused to defend him against the tenants' claims, Duarte sued Pacific, seeking, among other things, a declaration that Pacific was required to defend him in the tenant suit. The trial court granted Pacific's motion for summary judgment, ruling that Pacific was entitled to rescind the policy because Duarte "made material misrepresentations and/or concealed material facts" when he applied for the policy and that…
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