Aetna Life Insurance v. Superior Court

Opinion

BUTLER, J.

Aetna Life Insurance Company (Aetna) seeks mandate review as authorized by Code of Civil Procedure 1 section 437c of a referee’s decision granting partial summary adjudication in favor of the insured, Mary Ellen Hammer, on questions of coverage under a group health insurance policy. The superior court adopted the referee’s findings of fact and conclusions of law without a hearing and ordered the findings and conclusions deemed established as a matter of law. We have concluded the reference was not authorized by statute and therefore the writ must issue ordering the partial…