California Insurance Commissioner Says Anthem Blue Cross Violated California Law More Than 700 Times

Just when you thought the bad news for Anthem Blue Cross (“Anthem”) could not get any worse, it does.  According to an article by Duke Helfand appearing in today’s Los Angeles Times, California Insurance Commissioner Steve Poizner reported that Anthem, California’s largest for-profit health insurer, violated California law more than 700 times over a three-year period by …

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Supreme Court Says Principal Place of Business is Where a Company’s Headquarters is Located

A unanimous United Supreme Court ruled today that a corporation’s principal place of business is where the company’s executives work and direct the company’s business activities, not where the company’s products are sold. This is yet another reversal of an important Ninth Circuit Court of Appeals ruling. In a victory for business entities, the ruling …

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Tumult in California UCL Class Action Cases: Will the Supreme Court Step in?

Late last year the Fourth Appellate District of the California Court of Appeal issued its decision in Zhang v. Superior Court, 178 Cal. App. 4th 1081 (2009).  In that case, the court identified the issue presented “as whether fraudulent conduct by an insurer, which is connected with conduct that would violate Insurance Code § 790.03 …

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Insurance Commissioner Poizner Calls Anthem Blue Cross Health Insurance Rate Hikes “Alarming”

In a press release from the California Department of Insurance (“CDI”) issued last week, Commissioner Steve Poizner issued the following statement regarding Anthem Blue Shield’s recently announced substantial rate increases: I’m alarmed by the Anthem Blue Cross health insurance rate hikes, especially in a time when the recession has forced so many people into the …

Read moreInsurance Commissioner Poizner Calls Anthem Blue Cross Health Insurance Rate Hikes “Alarming”

Insurance Commissioner Poizner Announces $112 Million in Consumer Dollars Recovered By Department Of Insurance in 2009

In a press release from the California Department of Insurance (“CDI”) issued last week, Commissioner Steve Poizner announced that the CDI has recovered $112.1 million for consumers through consumer complaint investigations and market conduct examinations of insurance companies.  Here is what it said: The $112 million is believed to be the most money recovered in …

Read moreInsurance Commissioner Poizner Announces $112 Million in Consumer Dollars Recovered By Department Of Insurance in 2009

STOLI and Life Settlement Transactions Soon to be Regulated in California

Life settlements, also known in the industry as “stranger-originated life insurance” (“STOLI”) transactions have existed for several years but most states have not regulated them, at least until recently. The life insurance industry has for years attempted to eliminate such transactions as they typically are not in the insurer’s best financial interest. However, in recent …

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Should an Insured Consider Answering and Cross-Complaining Before Moving to Stay Insurer’s Declaratory Relief Action?

When a liability insurer wishes to avoid all coverage obligations with respect to a claim against its insured, it will sometimes file a declaratory relief action requesting a ruling that it has no duty to defend or indemnify the insured.  If the insurer files for such declaratory relief while the underlying litigation is still pending, …

Read moreShould an Insured Consider Answering and Cross-Complaining Before Moving to Stay Insurer’s Declaratory Relief Action?

President Obama Favors Repealing Antitrust Exemption

Last year the House passed legislation which would repeal the limited exemption the insurance industry received when Congress passed the McCarran-Ferguson Act of 1945. The law shields insurance companies from federal antitrust laws as long as they are subject to state regulations. Among those opposed to a repeal of the exemption is Nebraska Senator Ben …

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California Court Finds No Postclaim Underwriting in Allowing Rescission of Health Insurance Policy

There has been considerable attention given lately to health insurers’ attempts to rescind health insurance policies and the California Department of Insurance has recently issued regulations concerning rescission of the these policies.  The Second Appellate District has now added some heat to the controversy about these types of rescissions with its decision in Nieto v. …

Read moreCalifornia Court Finds No Postclaim Underwriting in Allowing Rescission of Health Insurance Policy

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