Old Line Life Insurance of America v. Superior Court

POCHÉ, J., Concurring.

I concur in the decision to issue the peremptory writ, but my emphasis differs from the majority.

Disputes of this nature do not ripen into litigation until after a predictable round of preliminaries. The death of an ostensibly insured policyholder leads the ostensible beneficiary to make a claim under the policy. The insurer discovers what it believes was a material misrepresentation in the application, leading it to renounce coverage, rescind the policy, and offer the return of all premiums. The beneficiary protests, gets no satisfaction, and only then resorts to the…