California Court Finds No Postclaim Underwriting in Allowing Rescission of Health Insurance Policy

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There has been considerable attention given lately to health insurers’ attempts to rescind health insurance policies and the California Department of Insurance has recently issued regulations concerning rescission of the these policies. The Second Appellate District has now added some heat to the controversy about these types of rescissions with its decision in Nieto v. Blue Shield of California Life & Health Insurance Company, __ Cal. App. 4th ___ No. B214669 (January 19, 2010).

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