California Court of Appeal

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

In suit against health insurance provider under the Unfair Competition Law, denial of class certification of similarly situated insureds is reversed as 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. (Opinion following rehearing).

Appellate Information

  • Decided 12/04/2007
  • Published 12/04/2007

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.
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