Hodjat

Hodjat v. State Farm Mutual Automobile Insurance

Good Law
149 Cal. Rptr. 3d 93·2012 Cal. App. LEXIS 1182·211 Cal. App. 4th 1
Court of Appeal of CaliforniaOctober 19, 2012No. B233996California4,290 words

Opinion

Lead Opinion

Bigelow, J.

*3 Opinion

Allen and Helle Hodjat 1 appeal from the grant of summary judgment on their breach of contract and bad faith complaint against State Farm Mutual Automobile Insurance Company (State Farm). We affirm.

FACTS

Hodjat owns a used car business called “Luxury Auto Sports” located in Santa Fe Springs. He and his wife purchased a damaged 2006 BMW M5 at an auction on October 18, 2007, which they intended to repair and sell. They insured the car with State Farm. The Hodjats’ policy required they cooperate with State Farm in any claim and provided that “[tjhere is no coverage under this policy if you or any other person insured under this policy has made false statements with the intent to conceal or misrepresent any material fact or circumstance in connection with any claim under this policy.”

Hodjat reported the BMW stolen on March 31, 2009, and State Farm conducted an investigation into the theft. Hodjat and his wife submitted several statements regarding the theft and condition of the car.

I. Statements Made by Hodjat

A. March 31, 2009 Report

Hodjat first reported the BMW stolen on March 31, 2009. According to State Farm’s activity log, Hodjat told the State Farm agent…

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