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Rothenberg v. Milne12/5/2000
ming that payment or the authorization thereof could be construed as a representation under the consumer fraud act, there is no evidence that BCBSM made any representations as to Milne's fitness after December 31, 1994. The record contains no specific evidence showing that Milne had committed any malpractice against Sally Rothenberg as of that date. Therefore, the evidence as a matter of law is insufficient to prove injury.
8. The Rothenbergs argue that the district court erred in granting summary judgment in favor of BCBSM on Sally Rothenberg's equitable estoppel claim. Equitable estoppel arises when one by his acts or representations, or by his silence when he ought to speak, intentionally or through culpable negligence, induces another to believe certain facts to exist, and such other rightfully acts on the belief so induced in such manner that if the former is permitted to deny the existence of such facts it will prejudice the latter. Transamerica Ins. Group v. Paul, 267 N.W.2d 180, 183 (Minn. 1978).
The Rothenbergs argue that BCBSM induced Sally Rothenberg to continue seeing Milne by paying for his treatment through 1994 and failing to alert her of his possible incompetence after becoming aware of his substance abuse problem. The Rothenbergs cite no authority applying equitable estoppel in similar circumstances, and their argument does not persuade us that the district court erred in declining to do so in this case.
Affirmed.
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