Watch the full video at https://youtu.be/gt1sQ6celh4ebrit19659002??In Williamson & Vollmer Engineering Inc. v. Sequoia Insurance Co. 64 Cal. App. 3d 261, 134 Cal. Rptr. 427 (Cal.App.Dist.1 28.10.1976) the California Court of Appeal found that although there are grounds for revoking a policy, there is no requirement that salvation be chosen by the party who has been deceived.
The appellant, a small engineering company providing electrical and mechanical engineering design services, appealed against an invalid judgment in an action seeking a declaration that the defendant insurer was obliged to defend it and replace it, within the limits of insurance, against a claim; alleged by an architectural firm to which it had provided services, which claimed compensation for any losses for which it may be subject to the owner's claim for negligence in the design and supervision of the work for which the engineering firm was allegedly liable.  The main question is whether the answer to two questions in the application for insurance policy issued by the defendant proved an incorrect presentation and concealment of material facts in n in the light of the circumstances known to the applicant at the time. When a claim was made, the insurer refused to defend.
The questions and answers to these, which were included in the original application forwarded to the company, read as follows: or officials? Yes No X If yes, enter complete information on the same basis as 19A.
A "claim" has been defined in ordinary English as "a claim for something that is due or is believed to be due. ”(Webster & # 39; s New Collegiate Dict. (7th Edition 1972) p. 152.) The engineering firm would distinguish between a complaint and a formal claim for compensation.
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Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, handling insurance claims, bad faith insurance and near-insurance fraud. insurers and policyholders. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and attorney handling attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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