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California Court of Appeal


Ticconi v. Blue Shield of California Life & Health Ins. Co., B190427B

In a suit against plaintiff's health insurance provider defendant-Blue Shield under the Unfair Competition Law alleging it violated the Insurance Code by failing to attach his application to or endorse it on the insurance policy when issued, and later rescinding the policy on the ground he had made misrepresentations in that application, denial of plaintiff's motion to certify a class under Proposition 64 is reversed where the trial court relied on erroneous legal assumptions in ruling that the individual issues raised by the defenses of unclean hands and fraud predominated over the common issues pertaining to liability.

Appellate Information

  • Decided 02/27/2008
  • Published 02/27/2008

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Court

  • California Court of Appeal

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