Nieto v. Blue Shield of California Life & Health Ins. Co., No. B214669

In plaintiff's action against Blue Shield after it rescinded her insurance policy, summary judgment for defendant is affirmed as the undisputed evidence established that information plaintiff provided to Blue Shield was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. 

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Appellate Information

Filed January 19, 2010

Judges

Opinion by Judge Todd

Counsel
For Appellant:   Shernoff Bidart Darras Echeverria, William M. Shernoff, Evangeline Fisher Grossman, Joel A. Cohen

For Appellee:   Manatt Phelps & Phillips, Gregory N. Pimstone and Joanna S. McCallum