Judge: Isolated Problems Don’t Support Fiduciary Duty Claim Against Insurer

Mealey's (August 4, 2017, 12:25 PM EDT) -- SAN DIEGO — An insurer appears to have compensated an insured in every instance where its error caused him to spend above his out-of-pocket maximum, and nothing suggests that the problem arises out of a failure to properly conduct its fiduciary duty, a federal judge in California held July 14 (Timothy Gendreau, et al. v. California Physicians’ Service, et al., No. 15-2455, S.D. Calif., 2017 U.S. Dist. LEXIS 109888)....

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