(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/insurance coverage case and its proceedings.)
PLAINTIFFS’ OPPOSING SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS DEMONSTRATES THAT DEFENDANTS FACTS ARE DISPUTED AND THAT DEFENDANT’S MOTION MUST THEREFORE BE DENIED.
Plaintiffs’ separate statement of undisputed facts has disputed nearly all of defendant’s facts, and it has set forth 22 additional undisputed material facts. Even if defendant responds to plaintiffs’ additional facts in a reply memorandum, those facts will still require jury resolution.
Plaintiffs have clearly demonstrated that there are triable issues of fact whether Blue Shield complied with Health and Safety Code section 1389.3, as explicated by the Lawrence opinion, before issuing coverage. There are also triable issues (as the Lawrence opinion makes clear) whether Bob Lawrence’s signature on the application constituted a willful misrepresentation. And there are triable issues of fact surrounding the nature of Blue Shield’s conduct, whether it calculated to eliminate up-front risk and maximize profit by deferring the normal underwriting costs until confronted, post-issuance, with cases in which claims exceed premiums paid. Defendant’s experts are expected to testify that that appears to have been the Blue Shield business strategy and policy as evidenced by Blue Shield’s underwriting practices and their ambiguous application format, among other things.
Finally, as set forth in more detail in the accompanying declaration of attorney Michael G. Nutter, plaintiffs believe there is additional opposition evidence available to them which will reinforce the need to place these issues before a trial jury. In argument III, above, plaintiffs have requested that this motion be denied, or the hearing continued, to permit them to obtain and present that additional evidence. (See Part 9 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.