California Court of Appeal

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Broberg v. The Guardian Life Ins. Co. of Am., B199461

In an dispute involving a life insurance policy, trial court's grant of defendant's demurrer is reversed where: 1) the plaintiff's fraud and negligent misrepresentation claims were not barred by the statute of limitations as the time to file began to run when a reasonable person would have discovered the factual basis for a claim; 2) the disclaimers in defendant's policy illustration were not so clear and obvious that plaintiff's claims of delayed discovery and reasonable reliance must be rejected as a matter of law; and 3) the policy's "for life" language did not trigger notice or preclude reasonable reliance as a matter of law.

Appellate Information

  • Decided 03/02/2009
  • Published 03/02/2009

Judges

  • PERLUSS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Gianelli & Morris, Timothy J. Morris, Los Angeles, and Richard R. Fruto;  David A. Lingenbrink, Woodland Hills;  Agnew & Brusavich, Bruce M. Brusavich, Torrance and Lawrence D. Marks, Rodondo Beach;  Esner, Change & Ellis, Stuart B. Esner, Los Angeles, and Holly N. Boyer, for Plaintiffs and Appellants Kirk Broberg and David C. Powell.

  • For Appellees:
  • Skadden, Arps, Slate, Meagher & Flom, Lance A. Etcheverry, Los Angeles, Thomas J. Dougherty and David S. Clancy, for Defendant and Respondent The Guardian Life Insurance Company of America., Lewis Brisbois Bisgaard & Smith and Joseph C. Campo, Los Angeles, for Defendant and Respondent John A. Davidson.
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