Procedural Posture

Plaintiff insured appealed an order of the Superior Court of Los Angeles County (California), which sustained defendant insurer's demurrer and dismissed a putative class action complaint for violation of California's unfair competition law (UCL), Bus. & Prof. Code, § 17200 et seq., based on allegations that the insurer violated Ins. Code, § 758.5.

Overview: california breach of fiduciary duty statute of limitations

The complaint alleged that the insurer had failed to inform the insured of his statutory right to select the facility that would repair his vehicle after an accident. The court held that although § 758.5 had not created a private right of action to enforce its provisions, a UCL action alleging a violation of § 758.5 was permissible because there was no express legislative direction to the contrary in § 758.5. A civil action under the UCL could not be based on conduct that violated the Unfair Insurance Practices Act (UIPA), Ins. Code, § 790 et seq., but was not otherwise prohibited. An alleged violation of other statutes applicable to insurers, however, could serve as the predicate for a UCL claim absent an express legislative direction to the contrary. Ins. Code, § 1861.03, subd. (a), made the business of insurance generally subject to the UCL. Because the insured's complaint did not allege a violation of the UIPA and the allegedly unlawful conduct at issue was not analogous to the bad faith practices addressed by the UIPA, the court concluded that the insured's allegations that the insurer violated § 758.5 properly stated a cause of action for unfair competition.


The court reversed the order dismissing the action.

Topic attachments
I Attachment History Action Size Date Who CommentSorted ascending
PDFpdf Entrancing_Topics_For_Process_Essay.pdf r1 manage 141.1 K 2021-04-21 - 09:16 UnknownUser 8yg
JPEGjpg download_1.jpg r1 manage 3.6 K 2021-02-26 - 19:15 UnknownUser
JPEGjpg jasa-seo-bandung-62.jpg r1 manage 111.8 K 2021-05-05 - 22:05 UnknownUser jasa seo bandung
JPEGjpg class_9_assignment_2021_3rd_week.jpg r1 manage 164.5 K 2021-04-04 - 04:18 UnknownUser Learn more at Class 8 Assignment 3rd Week with the answer for you. The relative answer of the Class 7 Assignment 3rd Week. Get also this to know Class 9 Assignment 3rd Week. The wise people would feel it done by Class 6 Assignment 3rd Week.  
PDFpdf Narrative_Essay_about_Overcoming_a_Challenge.pdf r1 manage 146.1 K 2021-04-21 - 09:28 UnknownUser  
Unknown file formatdocx deloitte_maas_hesaplama.docx r1 manage 15.4 K 2020-11-08 - 20:45 UnknownUser  
JPEGjpg togelresmi.jpg r1 manage 8.2 K 2021-04-12 - 06:06 UnknownUser  
PDFpdf What_is_an_Analytical_Essay_and_Why_Is_It_Important.pdf r1 manage 131.2 K 2021-04-21 - 08:36 UnknownUser slot online
Edit | Attach | Watch | Print version | History: r185 | r100 < r99 < r98 < r97 | Backlinks | Raw View | Raw edit | More topic actions...
Topic revision: r98 - 2021-06-23 - premium
  • Edit
  • Attach
This site is powered by the TWiki collaboration platform Powered by PerlCopyright © 2008-2022 by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding TWiki? Send feedback