Mega Life Health and Ins. Co. v. Superior Court of Riverside County, E045969
In a tort action for fraud based on the issuance of a health insurance policy to plaintiff's deceased wife, petition for writ of mandate ordering trial court to grant summary adjudication for petitioner-insurer is granted where California law does not recognize a cause of action with respect to the misrepresentations allegedly made by petitioner, and there is nothing to support policyholders' spouse's claim for his own additional damages as petitioner's duty was solely to the policyholder.
- Decided 04/14/2009
- Published 04/14/2009
- California Court of Appeal
- For Appellant:
- Sheppard, Mullin, Richter & Hampton, Andre J. Cronthall, Fred R. Puglisi, Catherine La Tempa, Los Angeles; Weil, Gotshal & Manges, Angela C. Zambrano and Paige Montgomery, for Petitioners., Stuart Law Firm, Antony Stuart and E. Glenn Anaiscourt, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.