TICCONI v. BLUE SHIELD OF CALIFORNIA
Trial court's denial of class certification in an unfair competition action against a health insurer for wrongful rescission of policies on basis of misrepresentations and post claims underwriting was erroneous as a matter of law; conclusion that defenses of fraud and unclean hands raised individual issues that predominated over the common issues related to liability was flawed because unclean hands is not a defense to a UCL action based on violation of a statute, and insurer's alleged failure to attach the applications containing class members' allegedly false statements to their policies would defeat its fraud defense based on antiwaiver provision of Insurance Code.
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