Opinion
No. C05-1912 BZ.
March 16, 2009
ORDER GRANTING MOTION TO DISMISS COUNTERCLAIM
The Court having concluded after trial that Unionamerica is entitled to rescission of the policies at issue, IT IS HEREBY ORDERED that Unionamerica's motion to dismiss the First Amended Counterclaim, previously taken under submission, is GRANTED. The parties had previously agreed that if the policies are rescinded, Unionamerica cannot be sued for breach of the implied covenant of good faith and fair dealing because the rescinded policies are void ab initio.