Affirming The Right To Rescind In Calif.

Law360, New York (February 1, 2010, 4:02 PM EST) -- The continuing debate about retroactive cancellation of individual health insurance policies in California has just been clarified.

In a decision issued on Jan. 19, 2010, in Nieto v. Blue Shield of California Life & Health Ins. Co., Appeal No. B214669, the California Court of Appeals for the Second Appellate District affirmed a summary judgment in favor of Blue Shield ruling that the insurer was entitled to retroactively cancel or rescind a policy of insurance based on material misrepresentations and omissions about the applicant’s health history made...
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