Insurance
Sep. 9, 2011
Insureds fight for their day in court
Two state appellate decisions blur the law as to whether an insured's private right to action remains barred under certain circumstances. By Neil Selman and Rachel Hobbs of Selman Breitman LLP
In light of recent decisions, what remains of Moradi-Shalal? A case now before the state Supreme Court, and a case that should be, may provide the answer.
Until now, it seemed established that only the Insurance Commissioner had the power to enforce Insurance Code Sections 790.03 et seq. (Unfair Insurance Practices Act or UIPA), which bar unfair and deceptive insurance practices. In Moradi-Shalal v. Fireman'...
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