California Court of Appeal
Troyk v. Farmers Group, Inc., D049983
In a class action suit against Farmers Insurance, grant of plaintiff's motion for summary judgment is reversed where plaintiff did not carry his burden to show there is no triable issue of fact regarding the element of causation for his standing under the Business and Professions Code to prosecute the Unfair Competition Law cause of action on behalf of the class members. Defendant violated the Insurance Code's disclosure requirement, as the term "premium" includes a service charge imposed for the payment in full of the stated premium for policy's one-month term, which was not disclosed in the policy.
- Decided 03/10/2009
- Published 03/10/2009
- McDONALD, J.
- California Court of Appeal
- For Appellant:
- Fulbright & Jaworski, Richard R. Mainland, Peter H. Mason and Eric A Herzog, Los Angeles, for Movants.
- For Appellees:
- Coughlin Stoia Geller Rudman & Robbins, Timothy G. Blood, Pamela M. Parker, Kevin K. Green and Leslie E. Hurst, San Diego, for Plaintiff and Respondent., Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr., Gail E. Lees, Christopher Chorba, James L. Zelenay, Jr., Kahn A. Scolnick, Los Angeles; Skadden, Arps, Slate, Meagher & Flom, Raoul D. Kennedy, Douglas B. Adler and Darrel J. Hieber, Los Angeles, for Defendants and Appellants.