Insurance
Nov. 15, 2013
Unfair practices law not a shield against suits by insureds
The state high court recently held that an insured can maintain a suit for violations of the unfair competition law based on conduct that also violates unfair insurance practices law.
Brian S. Kabateck
Founding and Managing Partner
Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
On Aug. 1, the state Supreme Court issued an opinion in Zhang v. Superior Court. This case raised the question of whether or not insurance practices that violate Section 790.03 of California's Unfair Insurance Practices Act can support a claim under California's Unfair Competition Law. The court held that an insured could maintain suit under the Unfair Competition Law based on grounds independent from Section 790.03 even if that conduct also amounts to a violation of Section 790.0...
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