Amicus Library

UP supports lower court decision and educates the court on insurance company tactics, post claims underwriting, etc.

Health and Safety Code section 1389.3 was designed to stop the practice of post-claims underwriting. Blue Shield should not be allowed to engage in post-claims underwriting and rescind its policy when it fails to sufficiently investigate and turns a blind eye to information it either…

If the Court of Appeal decision cannot be reconciled with California public policy and is inconsistent with all other California authority, which has strongly condemned unlawful post claims underwriting.

Letter Brief supporting petition for review. Malpractice insurer rescinded policy for alleged misrepresentation in the application. The policy had been in force for seventeen years. Trial court entered judgment in favor of the policyholder. The Appellate Court reversed.