(Download) "Caminetti v. Prudence Mutual Life Insurance Association" by District Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: Caminetti v. Prudence Mutual Life Insurance Association
- Author : District Court of Appeal of California
- Release Date : January 17, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Plaintiff recovered a judgment against William E. Balsinger for malpractice in the sum of $3,850, of which amount she was able to collect only $313. Dr. Balsinger was insured by defendant herein under a policy which ran in favor of any person who might obtain judgment against him within its indemnity provisions. Plaintiff brought the present suit on the policy to collect the unpaid amount of her judgment. The company in its defense alleged that Dr. Balsinger had obtained the policy by means of false statements in his application and that it had been rescinded by the company for fraud, concealment and misrepresentation. Upon the trial the court made conflicting findings upon this defense but rendered judgment for plaintiff for the balance of her judgment against Dr. Balsinger. Defendant made a motion under section 663 of the Code of Civil Procedure for the entry of another and different judgment on the findings. In ruling upon this motion the court ordered stricken from the findings all conclusions of law, and amended the conclusions of law to call for a judgment in favor of