4667 REVIEW DENIED In a putative class action under the Unfair Competition Law based on the claim that an insurer denied health insurance benefits on the basis of postclaim underwriting and without attaching the insureds' applications to the policies, the defense of unclean hands based on the allegation that insureds made misrepresentations on their policy applications was not available, since it would permit the insurer to rely on applications not affixed to policies and to engage in postclaim underwriting, both of which practices are specifically prohibited by the Insurance Code; since the defense cannot be raised, it does not create individual questions that require denial of a motion for class certification.

TICCONI v BLUE SHIELD (Unclean Hands) 160 CA4 528 [See: InsC 10113, 103815, 10384; Hailey v CA Physicians' Service 158 CA4 452, T/AT 2/08; Cortez v Purolator 23 C4 163, T/AT 7/00]