As discussed in this post from 2016, California Labor Code Section 925 prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would do either
California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed
The California Supreme Court determined that insurance practices violating the state’s Unfair Insurance Practices Act (UIPA) could support a claim under the state’s unfair competition law (UCL). Zhang v. Superior Court, 57 Cal. 4th 353 (2013). Zhang purchased a…
California Supreme Court clarifies availability of insurance-related Unfair Competition Law (UCL) claims
The California Supreme Court recently issued a significant decision regarding the applicability of that state’s Unfair Competition Law (UCL) to the insurance industry, allowing certain types of such claims to be brought against insurers, potentially expanding insurers’ extra-contractual liability in…
California’s Unfair Competition Law Can Provide an Independent Cause of Action Against an Insurance Company
By Anosh Zaghi
Earlier this month, the California Supreme Court issued its highly anticipated decision in the case Zhang v. Superior Court of San Bernardino County.1
The Court addressed the question of whether insurance practices that violate the Unfair Insurance Practices Act (UIPA)2…
Uncertainty Persists Regarding Insurance Companies’ Exemption from Liability Under California’s Unfair Competition Law
By Tina Amin
The issue of whether insurance companies enjoy any special exemption from California’s Unfair Competition Law (UCL) liability has been a hotly litigated topic since the California Supreme Court’s 1988 decision in Moradi-Shalal v. Fireman’s Fund Ins. Cos. 46 Cal.3d 287…
Insurer Misconduct: Testing the Reach of the UCL
In Zhang v. The Superior Court of San Bernardino County, E047207 (Super.Ct No. CIVVS707287), the Court of Appeal addressed the issue of whether an insured could bring a claim against an insurer under the Unfair Competition Law (“UCL”), based on…