Court of Appeals for the Ninth Circuit March 28, 2002, No. 01-55475; D.C. No. CV-00-04324-CAS (Smythe v. Safeco Insurance Co. of America)

MEMORANDUM **

BACKGROUND

Appellee Safeco Insurance Company of America (“Safeco”) rescinded its homeowners’ policy insuring appellants Loralei and Peyton Smythe (“the Smythes”) on the ground that Peyton Smythe (“Smythe”) made material misrepresentations about his insurance history at the time he applied for the Safeco policy.