California Supreme Court Decisions -- 2000

The text of these opinions from the Supreme Court of the State of California are informational only. They are not to be construed as official reports.

Mark Galanty v. Paul Revere Life Insurance Company: S073678, Ct. App. 2/1 B113007; Los Angeles County, Super. Ct. No. BC143020 - Filed June 19, 2000; We granted review to consider the effect of a standard incontestability clause that the Insurance Code requires policies of disability insurance to include. (Ins. Code, งง 10350, 10350.2; except as noted, all further statutory citations are to this code.) The lower courts construed the clause as permitting an insurer to deny coverage for its insured’s disability, caused by AIDS (acquired immune deficiency syndrome), because the insured tested positive for antibodies to HIV (human immunodeficiency virus) before the policy was issued. We reverse.

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