California Court of Appeal

In a dispute involving whether Moradi-Shalal v. Fireman's Fund Insurance Companies (1988) 46 Cal.3d 287 bars a private cause of action under California's Unfair Competition Law based solely on allegations that an insurer violated Insurance Code section 758.5, judgment of the trial court dismissing action is reversed where section 758.5 does not expressly bar such a claim, and the Legislature intended the Insurance Commissioner's authority to use the Unfair Insurance Practices Act enforcement powers to be cumulative, not exclusive.

Appellate Information

• Decided 06/15/2011
• Published 06/16/2011

Judges

• PERLUSS

Court

• California Court of Appeal

Counsel