Free

Free v. Republic Insurance

Good Law
11 Cal. Rptr. 2d 296·1992 Cal. App. LEXIS 1054·8 Cal. App. 4th 1726·92 Daily Journal DAR 12050·92 Cal. Daily Op. Serv. 7432
Court of Appeal of CaliforniaAugust 28, 1992B061864California1,310 words

Opinion

Opinion

Gates, J.

In the instant appeal plaintiff Donald R. Free challenges the orders of dismissal entered after the trial court sustained without leave to amend the demurrers of defendants Republic Insurance Company and Wilkinson Insurance Agency to plaintiff’s second amended complaint.

Because this appeal arises from a judgment entered after the sustaining of a demurrer, we must, under established principles, assume the truth of all properly pleaded material allegations of appellant’s second amended complaint in evaluating the propriety of the trial court’s action. (Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 170 [ 164 Cal.Rptr. 839 [ 610 P.2d 1330 , 9 A.L.R.4th 314 ]; Jones v. Grewe (1987) 189 Cal.App.3d 950, 954 [ 234 Cal.Rptr. 717 ].)

According to the complaint, defendant Republic Insurance Company issued plaintiff a homeowners policy in 1979. That year and every succeeding year until April 1989, appellant contacted Green Leaf Insurance Agency and All Valley Insurance Agency through their representatives acting on behalf of defendant Republic Insurance Company to inquire whether the coverage limits of his policy were adequate to rebuild his home. On each occasion he was…

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