Legal Opinion

Nieto v. Blue Shield of California Life & Health Insurance

California Court of Appeal

Decided January 19, 2010No. B214669PublishedCited by 50 opinions

1Opinion of the Court

Opinion

DOI TODD, J.

—Plaintiff and appellant Julie Nieto failed to disclose information about her medical condition and treatment on a health insurance application she submitted to defendant and respondent Blue Shield of California Life & Health Insurance Company (Blue Shield). She filed an action against Blue Shield after it rescinded her insurance policy. The trial court granted Blue Shield’s motion for summary judgment, ruling that it was entitled to rescission as a matter of law in view of the undisputed evidence that appellant made material misrepresentations and omissions regarding her…

2Cases cited33 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  3. CHATEAU CHAMBERAY HOA v. Associated Internat. Ins. Co.California Court of Appeal · 2001
  4. People v. LoeunCalifornia Court of Appeal · 1997
  5. Wiener v. Southcoast Childcare Centers, Inc.California Supreme Court · 2004

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3Cited by50 opinions

  1. Transport Insurance v. TIG InsuranceCalifornia Court of Appeal · 2012
  2. Port Med. Wellness, Inc. v. Conn. Gen. Life Ins. Co., California Court of Appeal, 5th District2018
  3. Des Roches v. California Physicians' ServiceDistrict Court, N.D. California · 2017
  4. DuBeck v. California Physicians' ServiceCalifornia Court of Appeal · 2015
  5. Colony Insurance v. Crusader InsuranceCalifornia Court of Appeal · 2010

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