Franklin v. Western Pacific Insurance

The trial court sustained one defendant’s demurrer to plaintiffs’ complaint and granted the other defendant’s motion for judgment on the pleadings; therefore, the nature of this proceeding and the facts must be found from the pleadings.

Plaintiffs’ complaint reasonably can be construed as alleging as follows: The Agency agreed to write $10,000 fire insurance coverage upon plaintiffs’ house; the Agency wrote such a policy for plaintiffs in the defendant Insurance Company, but without notice to plaintiffs that such policy included a provision that the $10,000 coverage was conditioned upon…