State Farm Mutual Automobile Insurance Company v. Nena Khoe

884 F.2d 401 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Plaintiff-Appellee, v. Nena KHOE, Joseph Khoe, Daniel Khoe, a minor, Michael Khoe, a minor, and Michelle Khoe, a minor, Defendants-Appellants. No. 88-1709. United States Court of Appeals, Ninth Circuit. Submitted Feb. 16, 1989. * Decided April 24, 1989. As Amended on Denial of Rehearing and Rehearing En Banc Aug. 16, 1989. Barbara K. Ratliff, Los Angeles, Cal., for defendants-appellants. James P. Waggoner and Jeffrey T. Hammerschmidt, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, Cal., for plaintiff-appellee. Before CHOY, SNEED and NOONAN, Circuit Judges. CHOY, Circuit Judge: 1 Nena Khoe, Joseph Khoe, Daniel Khoe, Michael Khoe, and Michelle Khoe (collectively referred to as "the Khoes") appeal from the district court's entry of summary judgment in favor of State Farm Mutual Automobile Insurance Company ("State Farm") in State Farm's action for a declaratory judgment. State Farm sought a declaration that no insurance contract was formed between State Farm and the Khoes when Nena Khoe signed an application for insurance which contained a clause saying coverage would not be effective until a…