California Court of Appeal

Reset A A Font size: Print

Ticconi v. Blue Shield of Cal. Life & Health Ins. Co., B190427

In suit alleging violation of the Unfair Competition Law by defendant health insurance company, denial of motion to certify a class under Proposition 64 is reversed where: 1) the ruling was erroneous; 2) equitable defenses cannot be used to defeat a UCL cause of action and defendant may not raise the defense of fraud based on statements that insureds made in an application for insurance where the application had been neither attached to nor endorsed on the policy when issued; and 3)the court must consider whether plaintiff is an adequate and typical class representative.

Appellate Information

  • Decided 07/30/2007
  • Published 07/30/2007

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Gianelli & Morris and Timothy J. Morris, Los Angeles;  David A. Lingenbrink, Woodland Hills, for Plaintiff and Appellant.

  • For Appellees:
  • Barger & Wolen, Martin E. Rosen, Sandra I. Weishart, John M. LeBlanc and Misty A. Murray, Los Angeles;  Manatt, Phelps & Phillips and Gregory N. Pimstone, Los Angeles, for Blue Shield of California Life & Health Insurance Company, Defendant and Respondent.
Copied to clipboard