KAVRUCK v. BLUE CROSS OF CALIFORNIA

No. B144463.

134 Cal.Rptr.2d 152 (2003)

108 Cal.App.4th 773

Deborah A. KAVRUCK et al., Plaintiffs and Appellants, v. BLUE CROSS OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

Rehearing Denied June 3, 2003.

Review Denied July 30, 2003.


Attorney(s) appearing for the Case

Gianelli & Morris, Robert S. Gianelli, Los Angeles, Sherril Nell Babcock; and Robert S. Gerstein for Plaintiffs and Appellants.

Stephan, Oringher, Richman & Theodora, Gordon E. Bosserman, Los Angeles, Robert M. Dato, and Terrence M. King, Los Angeles, for Defendant and Respondent.


EPSTEIN, Acting P.J.

This is an appeal from summary judgment in favor of Blue Cross of California (Blue Cross) in a class action. The class is made up of subscribers whose health insurance policies were changed so that their premiums were no longer based on their initial enrollment age but on their attained age at the time of renewal. We conclude there are triable issues of material fact whether Blue Cross breached...

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