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THE MEGA LIFE & HEALTH INS. CO. v. SUPERIOR COURT

No. E045969.

172 Cal.App.4th 1522 (2009)

___ Cal.Rptr.3d ___

THE MEGA LIFE AND HEALTH INSURANCE COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; CHRISTOPHER CLOSSON, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

April 14, 2009.

Attorney(s) appearing for the Case

Sheppard Mullin Richter & Hampton, Andre J. Cronthall, Fred R. Puglisi, Catherine La Tempa; Weil, Gotshal & Manges, Angela C. Zambrano and Paige Montgomery for Petitioners.

No appearance for Respondent.

Stuart Law Firm, Antony Stuart and E. Glenn Anaiscourt for Real Party in Interest.

OPINION

RICHLI, Acting P. J.—

This case presents the question of whether real party in interest Christopher Closson (Christopher) can recover on a tort claim for fraud based on the issuance of a health insurance policy by petitioner The MEGA Life and Health Insurance Company (MEGA Life) to Christopher's deceased wife, Kathy Closson (Kathy). We hold that although Christopher properly...

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