GALANTY v. PAUL REVERE LIFE INS. CO.

No. S073678.

97 Cal.Rptr.2d 67 (2000)

23 Cal.4th 368

1 P.3d 658

Mark GALANTY, Plaintiff and Appellant, v. PAUL REVERE LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

June 19, 2000.


Attorney(s) appearing for the Case

Lambda Legal Defense and Education Fund, Jon W. Davidson, Beatrice Dohrn, Catherine Hanssens, New York City; Hedges & Caldwell, Caldwell, Leslie, Newcombe & Pettit and Mary Newcombe, Los Angeles, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, David S. Chaney and Raymond B. Jue, Deputy Attorneys General, for the Department of Insurance of the State of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Robert K. Scott, Robert K. Scott and D. Scott Mohney, Newport Beach, for United Policyholders as Amicus Curiae on behalf of Plaintiff and Appellant.

Gianelli & Morris, Robert S. Gianelli, Los Angeles, and Sherril Nell Babcock, for AIDS Project Los Angeles as Amicus Curiae on behalf of Plaintiff and Appellant.

Michelle Malebranche and Melinda Bird, Los Angeles, for Protection & Advocacy, Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.

Therese M. Stewart, San Francisco; Law Office of Janis E. Eggleston, Janis E. Eggleston; Janet Seldon; Law Offices of Amitai Schwartz and Amitai Schwartz, San Francisco, for the Bar Association of San Francisco, the AIDS Legal Referral Panel of the San Francisco Bay Area and the Women's Cancer Resource Center as Amici Curiae on behalf of Plaintiff and Appellant.

Carol Codrington, for the Western Law Center for Disability Rights as Amicus Curiae on behalf of Plaintiff and Appellant.

Heller, Ehrman, White & McAuliffe, Charles B. Rosenberg and Carlyle W. Hall III, Los Angeles, for Bet Tzedek Legal Services as Amicus Curiae on behalf of Plaintiff and Appellant.

Susan Berke Fogel, Los Angeles, and Sharmila Lodhia, for the California Women's Law Center, the Employment Law Center, the Los Angeles Breast Cancer Early Detection Program, the Wellness Community of San Diego and the Breast Cancer Fund as Amici Curiae on behalf of Plaintiff and Appellant.

Barger & Wolen, Gail E. Cohen and Larry M. Golub, Los Angeles, for Defendant and Respondent.

Philip E. Stano; Rivkin, Radler & Kremer, Evan H. Krinick, Uniondale, NY, Norman L. Tolle, Michael P. Versichelli, New York City, and George J. Keller, Santa Rosa, for American Council of Life Insurers as Amicus Curiae on behalf of Defendant and Respondent.


WERDEGAR, J.

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, §§ 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...

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