Monticello Insurance v. Framco Construction Inc.

MEMORANDUM *

This suit was filed to rescind an insurance policy issued to Framco Construction *802 Inc. (“Framco”) by Monticello Insurance Company (“Monticello”). Monticello alleges the district court erred by allowing Framco to admit evidence that James Grosser, doing business as Framco Construction Corp, was the insured party, not Framco Inc. Monticello also alleges the district court erred by finding it waived its right to rescind the insurance agreement and was guilty of laches. We find the district court properly looked at extrinsic evidence to determine the intent of the parties. 1 We also find that the district court’s findings regarding waiver, laches and estoppel, are fully supported by the evidence.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

. California Code of Civil Procedure section 1856, subdivision (a) (the parol evidence rule) provides that "[tjerms set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior…