California Court of Appeal

In plaintiffs' action against California Physicians' Service, doing business as Blue Shield of California, for rescinding plaintiffs' coverage on the ground that their application contained several material misrepresentations concerning their medical history, summary judgment in favor of defendant is reversed where: 1) the undisputed facts fail to establish as a matter of law that defendant made reasonable efforts to ensure that plaintiffs' application was accurate and complete; 2) it cannot be concluded as a matter of law that plaintiffs willfully misrepresented or omitted material information on their application; and 3) defendant failed to carry its initial burden on its argument that there are no disputed issues of face as to causation.

Appellate Information

• Decided 03/23/2010
• Published 03/23/2010

Judges

Court

• California Court of Appeal

Counsel