Superior Dispatch Inc. v. Ins. Corp. of New York, No. B204878

In plaintiff's breach of contract action against its insurer, trial court's grant of summary judgment in favor of the defendant is affirmed where: 1) trial issues of fact as to whether defendant is equitably estopped from asserting the contractual limitations provision preclude summary judgment based on the provision; 2) defendant is entitled to summary judgment based on a material misrepresentation in the insurance application; and 3) plaintiff has shown no prejudicial error in the sustaining of the demurrer to the fraud count.   

Read Superior Dispatch Inc. v. Ins. Corp. of New York, No. B204878 [HTML]

Read Superior Dispatch Inc. v. Ins. Corp. of New York, No. B204878 [PDF]

Appellate Information

Filed January 21, 2010

Judges

Opinion by Judge Croskey

Counsel
For Appellant:   Pierry Shenoi, Brown Shenoi Koes, Allan A. Shenoi; Law Offices of Daniel J. Koes, Brown Shenoi Koes and Daniel J. Koes

For Appellee:   Lewis Brisbois Bisgaard & Smith and Raul L. Martinez