News
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…
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…
California to Announce New Rules for HMO Members
On Wednesday, the California Department of Managed Health Care (“CDMH”) is scheduled to roll out new regulations that limit HMO members’ wait times for an appointment with a physician or…
Unfair Insurance Practices Act Can Give Rise To Private Cause Of Action Under UCL
The California Court of Appeal recently addressed the question of whether a violation of the Unfair Insurance Practices Act can give rise to a civil cause of action under the…
Court Upholds $500 Million Award Against U.S. Life Insurance Co.
The U.S. Ninth Circuit Court of Appeals has upheld an arbitration award requiring U.S. Life Insurance Co. to pay reinsurance of more than $500 million to Superior National Insurance Companies,…
Court of Appeal Complicates the Analysis of Mental and Nervous Disability Claims
Bosetti v. The United States Life Ins. Co., 175 Cal. App. 4th 1208 (2009) is an important California Court of Appeal decision that addressed whether a two-year benefits limitation on…
Second Circuit Holds Delayed Discovery Rule Applies to Unfair Competition Claims
Recently, in Broberg v. The Guardian Life Insurance Company of America, 171 Cal. App. 4th 912 (2009), the Court of Appeal held that the “delayed discovery” rule, which applies to…