Statute Voiding Discretionary Clauses Does Not Apply To Health Plan, Judge Says
(September 2, 2016, 8:48 AM EDT) -- SAN FRANCISCO — A California statute voiding discretionary clauses in disability and life insurance policies does not apply to a claim for medical expenses under a health insurance policy because New York law applies to the dispute and because health insurance is not a form of disability insurance, a California federal judge said Aug. 30 (David Bain et al., v. United Healthcare Inc., No. 15-3305, N.D. Calif.; 2016 U.S. Dist. LEXIS 116805).
(Opinion available. Document #17-160912-012Z.)
David Bain, Dayna Bain and Alaina Bain filed suit in...