Ehrlich Law Firm wins reversal of summary judgment for insurer on health-care rescission case

 San Diego Civil Appeals Attorney for Summary Judgment

Ehrlich Law Firm wins reversal of summary judgment for insurer on health-care rescission case

California Courts of Appeal SealAfter the Nazaryetan family’s twins were born with severe brain injuries, Blue Shield rescinded the policy to avoid having to pay for the cost of their care. It claimed that the family had misstated their health history on their application form. The trial court granted Blue Shield’s motion for summary judgment.

The Court of Appeal reversed, finding that whether or not Blue Shield’s underwriting practices were reasonable and designed to resolve all questions on the application was a factual issue that could not be resolved on summary judgment. (Nazaryetan v. California Physician’s Service (2010) 182 Cal.App.4th 1601.)


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Southern California appeals attorney, Jeffrey I. Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.