Martin v. Government Employees Insurance

Plaintiff, Royce L. Martin, brought an action for breach of insuranee contract against defendant, Government Employees Insurance Company (GEICO). Martin seeks damages arising out of GEICO’s refusal to honor his claim for loss of his automobile, which was stolen shortly after Martin sent in his application for insurance to GEICO. The trial court dismissed Martin’s complaint for failure to state a cause of action on the grounds that there was no contract of insurance at the time of the theft.

Martin appeals, contending that his second amended complaint states a breach of contract action under…