Legal Opinion

Schwartz v. Provident Life & Accident Insurance

California Court of Appeal

Decided May 21, 2013No. A134706PublishedCited by 2 opinions

1Opinion of the Court

Opinion

POLLAK, J.

An insured sued disability insurers alleging deceptive claims handling practices in violation of the unfair competition law (UCL) based upon the insurers’ former practice of wrongfully denying benefits to some insureds. (Bus. & Prof. Code, § 17200 et seq.) The trial court found that the insured, who was never denied benefits, lacked standing to pursue a UCL cause of action because the insured had not “suffered injury in fact” nor “lost money or property as a result of the unfair competition.” (§ 17204.) The court granted summary adjudication in favor of the insurers on the…

2Cases cited4 opinions

  1. Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011
  2. State Farm Fire & Casualty Co. v. Superior CourtCalifornia Court of Appeal · 1996
  3. Impress Communications v. Unumprovident Corp.District Court, C.D. California · 2003
  4. Schwartz v. PoiznerCalifornia Court of Appeal · 2010

3Cited by2 opinions

  1. Akinshin v. Bank of America CA1/2California Court of Appeal · 2014
  2. Blain v. Liberty Mutual Fire Insurance CompanyDistrict Court, S.D. California · 2023

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