Escobedo

This appeal is concerned with the attempted rescission of an assigned risk automobile liability policy allegedly obtained through misrepresentation.

Employer’s Casualty Company notified its insured, Alfred S. Escobedo, following an accident in which Escobedo was involved, that as of the date of its original issuance it was rescinding, pursuant to section 331 of the Insurance Code, the automobile liability insurance policy issued to him. Robert R. and Dorothy Place, who had been involved in the automobile accident with Escobedo, made a demand for arbitration against their insurer, Fireman’s Fund American Insurance Company, pursuant to the uninsured motorist provisions of their own policy. Ultimately Fireman’s Fund paid them $30,000, the limit of the uninsured motorist coverage.

Fireman’s Fund commenced the present action against Employer’s Casualty Company, Employer’s National Insurance Company, Alfred S. Escobedo, Alfred M. Escobedo and Robert R. and Dorothy Place, seeking a declaration that the coverage afforded Alfred S. and Alfred M. Escobedo by Employer’s Casualty was applicable to the Escobedo-Place collision. After juiy trial, the court rendered judgment…