Filed 1/30/09

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

PATRICK A. MAJOR et al.,

Plaintiffs and Respondents,

v.

WESTERN HOME INSURANCE COMPANY,

Defendant and Appellant.

D050479

(Super. Ct. No. GIC842164)

ORDER MODIFYING OPINION

AND DENYING REHEARING

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on January 6, 2009, be modified as follows:

On page 4, line 5 of the last full paragraph, the words “on the dwelling” are to be inserted between the words “payment” and “until” so that the sentence reads:

Western did not make its first payment on the dwelling until February 2004.

There is no change in the judgment.

Defendant’s petition for rehearing is denied.

BENKE, Acting P. J.

cc: All Parties