Re: AKICIF: Kaiser vs. Blue Cross?

On 2 Mar 2008 12:46:05 -0500, wdstarr@[EMAIL PROTECTED]
 (William December
Starr) wrote:

>In article <55s6s3d05c23grmo29ae5las3id187j88m@[EMAIL PROTECTED]
>,
>Daniel R. Reitman <dreitman@[EMAIL PROTECTED]
> said:
>
>> Apparently, under California law, an insurer is allowed to rescind
>> for a false statement on the application only if the applicant
>> knew it was false and appreciated the materiality of the
>> falsehood.  (Opinion at 13 (citing Thompson v. Occidental Life
>> Ins. Co., 9 Cal. 3d 909, 916, ___ P2d ___ (1973).)  In addition,
>> the arbitrator found that the agent who sold the policy failed to
>> explain the significance of his questions regarding Ms. Bates'
>> medical history, and she thought it was a rotine run-through to
>> transfer from one carrier to another. (Opinion at 16.)  He also
>> found that the agent changed Ms. Bates' weight without obtaining
>> her written consent, as required by statute. (Id. at 16 (citing
>> Cal Ins Code @[EMAIL PROTECTED]
 10382).)
>
>Is this the case where the insurance agent helpfully -- or, as it
>turned out, "helpfully" -- filled out the form for the woman based
>on her answers to his questions while she was working at her hair
>salon, and then handed it to her and basically said "Okay, sign
>here"?

It looks like it.

				Dan, ad nauseam