Wheeler

BACKGROUND

19 This dispute arises out of AFH’s decision to deny a claim for coverage under Plaintiff 20 James Wheeler’s (“Wheeler”) Collector Vehicle Insurance Policy (the “Policy”). AFH argues that 21 the property damage for which Wheeler claimed benefits is not covered because the person in 22 possession of the car at the time of the accident was not covered by the Policy. In the alternative, 23 AFH argues that Wheeler made material misrepresentations to AFH, which voids the Policy. The 24 following facts are undisputed, unless otherwise noted. 25 Wheeler is an exotic car enthusiast who resides in Northern California. (Dkt. No. 88-2, Declaration of James Wheeler (“Wheeler Decl.”), ¶¶ 11, 33.) In 2016, Wheeler applied to insure 27 two luxury cars, a Lamborghini and a Ferrari, through AFH. (Wheeler Decl., ¶ 7; Dkt. No. 85-2, Declaration of Julie Deininger, ¶ 4; Dkt. No. 85-4, AFH Index of Exhibits (“AFH Index”), Ex. 1, Policy at 14.) 2 Part D of the Policy sets forth the coverage provisions for property damage. AFH “will provide for sudden, direct, and accidental loss to ‘your covered auto’ including equipment, minus any deductible shown…