In plaintiff’s action against Blue Shield after it rescinded her insurance policy, summary judgment for defendant is affirmed as the undisputed evidence established that information plaintiff provided to Blue Shield was false, and contrary to her assertions, Blue Shield had no statutory duty to show that plaintiff’s application had been physically attached to the insurance policy nor to conduct further inquiries during the underwriting process to ascertain the truthfulness of plaintiff’s representations before it issued the policy.
Read Nieto v. Blue Shield of California Life & Health Ins. Co., No. B214669 [HTML]
Read Nieto v. Blue Shield of California Life & Health Ins. Co., No. B214669 [PDF]
Appellate Information
Filed January 19, 2010
Judges
Opinion by Judge Todd
CounselFor Appellant: Shernoff Bidart Darras Echeverria, William M. Shernoff, Evangeline Fisher Grossman, Joel A. Cohen
For Appellee: Manatt Phelps & Phillips, Gregory N. Pimstone and Joanna S. McCallum
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