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.
- Decided 03/02/2009
- Published 03/02/2009
- California Court of Appeal
- 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.