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California Court of Appeal again finds no stacking of liability policy limits

Barger & Wolen LLP
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USA
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April 14 2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal

Assembly's Insurance Committee to hold hearing today on legislation voiding discretionary clauses in disability and life insurance policies

Barger & Wolen LLP
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USA
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April 7 2010

The California Assembly's Insurance Committee is scheduled to conduct its first hearing today on AB 1868, a bill outlawing clauses in insurance policies and other related documents that purport to vest the insurer with discretionary power to determine eligibility for benefits or to interpret the terms of the policy

Use of credit-scoring factors in the pricing of homeowner's insurance under the FHA and the McCarran-Ferguson Act

Barger & Wolen LLP
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USA
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April 14 2010

In a putative class action, Ojo v. Farmers Group, Inc., et al., Case No. 06-55522 (9th Cir. April 9, 2010), an en banc panel of the Ninth Circuit Court of Appeals decided a case where the Plaintiff alleged that the use of credit-scoring factors in the pricing of homeowner's insurance in Texas had a disparate impact on minorities in violation of the federal Fair Housing Act ("FHA"), 42 U.S.C. sections 3601-19

California Office of Administrative Law disallows insurance department rule on Iranian investments

Barger & Wolen LLP
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Iran, USA
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October 12 2010

Yesterday afternoon, the California Office of Administrative Law ("OAL") issued a decision finding that a rule adopted by California Department of Insurance ("CDI") to restrict insurers' investment in companies that do business with Iran was an improper "underground" regulation

Robert Hogeboom testifies against homeowners' insurance regulations proposed by the California Department of Insurance

Barger & Wolen LLP
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USA
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May 27 2010

Robert H. Hogeboom, Senior Regulatory Attorney at Barger & Wolen LLP, testified on May 17, 2010, that the California Department of Insurance (“CDI”) should withdraw its proposed regulations on standards and training for estimating replacement value on homeowners’ insurance (“Proposed Regulations”

California Supreme Court holds treble damages not permitted under the Unfair Competition Law - restitution is the sole monetary remedy

Barger & Wolen LLP
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USA
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August 9 2010

Earlier today, the California Supreme Court issued its unanimous opinion concluding that Civil Code section 3345, which allows treble damages to be awarded to seniors when a statute provides for a fine or penalty, is not permitted under the Unfair Competition Law, Business & Professions Code section 17200 (the "UCL"

NAIC to address stranger-owned annuities in public hearing

Barger & Wolen LLP
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USA
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April 20 2010

One month from today, the National Association of Insurance Commissioners ("NAIC") will hold a meeting to address Stranger OriginatedOwned Annuities ("STOA"

Legislation seeks to cap punitive damages in California; defendants hopeful, plaintiff lawyers fearful?

Barger & Wolen LLP
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USA
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April 15 2010

Typically, tort reform efforts are premised on the belief that the court systems are overly filled with unworthy cases and the awards in those cases are unnecessarily excessive

California Department of Insurance to implement outside actuarial reviews for all major health insurer rate increases

Barger & Wolen LLP
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USA
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June 16 2010

California Department of Insurance Commissioner, Steve Poizner, issued a press release today indicating that the Department has retained an outside actuarial firm to analyze regulatory rate change filings made with the Department by the four major health insurers in the individual market - Anthem Blue Cross, Aetna, Health Net, and Blue Shield of California

California Department of Insurance corporate application filing deadline fast approaching

Barger & Wolen LLP
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USA
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August 19 2010

The California Department of Insurance has issued a notice establishing deadlines for all applications seeking approval by 2010 year-end

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