Brizuela v. Calfarm Insurance

Opinion

MOSK, J.

Plaintiff and appellant Sergio Brizuela (Brizuela) appeals from the trial court’s entry of summary judgment in favor of defendant and respondent CalFarm Insurance Company (CalFarm) in Brizuela’s action against CalFarm for breach of contract and breach of the implied covenant of good faith and fair dealing. In affirming the judgment we hold, as a matter of law, that Brizuela violated the requirement of the insurance policy that he submit to an examination under oath; that the insurer could on that basis deny his claim without a showing of prejudice; that the availability of a…