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An Insurer Has A Duty to Notify Insured of Contractual Limitations Provision Regardless of Whether the Insured is Represented By Counsel.
Regardless of whether the insured is represented by counsel, an insurer has a duty to provide notice of a contractual statute of limitations period. The Insurance Corporation of New York…
ERISA Plan Administrators Take Heed
In an article appearing inthe February 10, 2010 editions of theLos Angeles and San FranciscoDaily Journals, I discuss the impact of the Ninth Circuit’s Montour v. Hartford Life & Accident,…
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…
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,…
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,…
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:…
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…
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…
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…
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…
