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.
Filed January 21, 2010
Opinion by Judge Croskey
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