California Court of Appeal

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Mintz v. Blue Cross of California, B207405

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


  • O'NEILL, J.*


  • California Court of Appeal


  • 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.
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