Monthly Archives September 2018

California Appellate Court Reinstates Regulation Stipulating That Unfair Insurance Practices Act Claim May be Based Upon a Single Violation

In Pacificare Life and Health Ins. Co. v. Jones, the California Court of Appeal for the Fourth District reversed a trial court decision enjoining three recent regulations enacted by the California Insurance Commissioner with regard to the unfair claims settlement provisions of the state’s Unfair Insurance Practices Act. The first regulation at issue stated that the Act may be violated if a prohibited claims settlement practice is either “knowingly committed on a single occasion,” or “performed with such frequency as to indicate a general business practice.” The plaintiff insurer contended that this regulation was inconsistent with the Unfair Insurance Practices
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