The MEGA Life & Health Ins. Co. v. Superior Court

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 sues as Kathy’s representative to receive all damages legally available on her behalf, he has no separate and individual tort claim based on the policy. Accordingly, we will grant MEGA Life’s petition and command the Superior Court of Riverside County to grant summary adjudication in favor of MEGA Life on the complaint’s cause of action for fraud.

STATEMENT OF FACTS

Most of the relevant facts are uncomplicated and undisputed. With respect to defendant MEGA Life, the first amended complaint alleges that MEGA Life misrepresented the coverage offered by its policy and concealed certain facts relevant to Kathy’s decision—or, as Christopher would have it, “the decision”—to purchase the policy. The policy named her as the “primary insured” and listed her three children as covered dependents. Kathy alone signed the application…