Garcia

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CARLOS FELIX GARCIA, Case No. 24-cv-04037-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

NATIONAL GENERAL INSURANCE Re: Dkt. No. 25 COMPANY, et al., Defendants.

The motion for summary judgment is granted. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. The motion is granted because the renewal packet unambiguously asked Garcia to disclose “all household members age 14 or older . . . whether or not they drive.” It also said that no response was required if the information it listed was accurate, but that it did need to be returned if the information was inaccurate. So because the packet did not list Garcia’s other household members, he was required to update and return it. That he did not do so effectively constituted an affirmative statement that he lived with no such people. Because this statement was not true, and that information was material to Integon’s underwriting decisions, Integon was entitled to rescind the policy to the date of its renewal. Garcia’s counterarguments do not…