Holding: A lienholder is entitled to collect under an auto policy with a standard loss-payable clause despite the insurer rescinding the policy because of the insured’s misrepresentations. But no one knows whether this insurance policy between the lienholder and insurer includes such a clause. When the lender filed this declaratory judgment action, the lender did not include the policy. The trial court dismissed the case on a motion to dismiss and cited a rescission letter attached to the insurer’s opposition.  No, procedurally one should not do this, and a court should not use such evidence without this becoming a motion for summary judgment.

No one seems to be thinking. This opinion is a reminder to read the policy. And, if you are filing a case dispositive motion, follow the rules. This embarrasses everyone when the court must re-educate attorneys on motion practice.