California Court of Appeal

In plaintiff's action against Blue Shield after it rescinded her insurance policy, trial court's grant of summary judgment in favor of the defendant is affirmed as, the undisputed evidence established that the information plaintiff provided to Blue Shield was false, and contrary to her assertions, Blue Shield had no statutory duty to show that plaintiff's application had been physically attached to the insurance policy nor to conduct further inquiries during the underwriting process to ascertain the truthfulness of plaintiff's representations before it issued the policy.

Appellate Information

• Decided 01/19/2010
• Published 01/19/2010

Judges

• DOI TODD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Shernoff Bidart Darras Echeverria, William M. Shernoff, Evangeline Fisher Grossman and Joel A. Cohen for Plaintiff and Appellant.


• For Appellees:
  
• Manatt, Phelps & Phillips, Gregory N. Pimstone and Joanna S. McCallum for Defendant and Respondent.