Home -> Law Blog Directory -> Consumer Law Blogs -> 43(B)log
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Consumer Law
: 43(B)logCalifornia law allows UCL claim against insurer
By Rebecca Tushnet
States deal with nonfederal preclusion as well as preemption issues. Here, the question was whether state insurance regulation precluded a cause of action uncle general unfair competition/ false advertising law. The appellate court, rejecting another appellate ruling, said no. Conduct that violates only the insurance code, which is not enforceable via a private cause of action, can?t support an unfair competition claim. But false advertising is actionable even when insurance-related. This is very similar to the working compromise between the Lanham Act and the FDCA, especially is you take into account the court?s dicta that conduct that violates both laws, UCL and specific provisions of the insurance code, is actionable.
Fundamentally, given that insurance is not excluded from UCL coverage, ?[t]o construe the Unfair Insurance Practices Act as immunizing insurers from the consequences of misconduct that other business must suffer would simply make no sense.? The court cautioned that the plaintiff could not recover merely by showing unreasonable handling of her claim. She?d need to show that the insurer falsely advertised to the public ?that it operated honestly and equitably in settling claims and that it in fact had a policy or regular practice of ?lowballing,? delaying, or taking unfair advantage so that its advertising and/or representations were in fact likely to mislead the public.?
Full post as published by 43(B)log on November 19, 2009 (boomark / email).
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Selection of State Supreme Court Judges
How State Court Judges are Selected
Dumb California Laws
Stupid Laws in the Sunshine State
AIG Settles Injury Claim
for $18 Million
Hurricane Insurer
Settles 2 Class Actions for $35 Million
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit
Autism Class Action
Reaches Settlement with Insurer
Recovery Claim
Florida Insurance Guarantee Association agrees to pay $14 million settlement to Home Solutions of America for construction services.
California Labor Laws
alleged violations of California labor laws such as overtime pay, discrimination and harassment.

Fifth District: Prejudgment Interest
Court Orders Insurer to Pay for Defence by Counsel Chosen by Insured
California Legislator Looking to Stop Insurer Referrals
Alleging and Proving Jury Issues of Insurer Bad Faith or Not
Must Insurer Maintain “Firewall” Between Tort and No-Fault Claims









