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Court Finds Claims Against Insurer Are Preempted By Preapproval Process

(August 22, 2016, 10:44 AM EDT) -- LOS ANGELES — After finding that claims for violation of California's unfair competition law (UCL), negligence and other causes of action were preempted by the fact that an insurers' marketing materials and coverage must first be approved by the Centers for Medicare & Medicare Services before becoming effective and that an insured failed to exhaust his administrative remedies, a California appeals court on Aug. 4 affirmed a trial court's dismissal of the case (Edward J. Roberts v. United Healthcare Services Inc., No. B266393, Calif. App., 2nd...
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