California Court of Appeal

In an action involving a denial of health insurance coverage, trial court's dismissal of plaintiff's claim is reversed where defendant's demurrer to plaintiff's cause of action for negligence should have been overruled as defendant is a third party claims administrator for a health care plan, and thus, owes a general duty of due care to plan members like plaintiff to avoid physical harm to them resulting from its administration of benefits under the plan. Plaintiff cannot state a cause of action against defendant for intentional interference with contract rights, and did not provide sufficient evidence to state a claim for intentional infliction of emotional distress.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• O'NEILL, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Shernoff Bidart Darras & Echeverria, Michael J. Bidart and Ricardo Echeverria, Claremont;  The Ehrlich Law Firm and Jeffrey Isaac Ehrlich, for Plaintiffs and Appellants.


• For Appellees:
  
• Reed Smith, Margaret M. Grignon, Kurt C. Peterson, Kenneth N. Smersfelt, Miles M. Cooley, and Zareh A. Jaltorossian, Los Angeles, for Defendants and Respondents.