Zhang v. The Superior Court of San Bernardino County

The fight to make insurance companies accountable moves in inches.  As the Insurance Justice Lawyer, I will not be happy until a Universal Homeowners Bill of Rights is established, with a preamble that guarantees Respect and Dignity is given to each policyholder.

This case above was significant and was about the following issue:

There is question of whether fraudulent conduct by an insurer, which is connected with conduct that would violate Insurance Code section 790.03 sometimes referred to as the “Unfair Insurance Practices Act”—can also give rise to a private civil cause of action under the Unfair Competition Law (UCL), Business and Professions Code section 17200 .

In simpler words, is the insurance company liable, when they mis-handling a loss claim and  refuse to authorize adequate payment under the policy for the repair and restoration of damage when evidence is uncovered that shows because of the way the insurance company has operated, they (Insurance Company) in fact had no intention of ever paying the rightful amount, ie: They created a fraud from the becoming of the policy before the policyholder ever bought the policy.

In this case the California Supreme Court said yes, Zhang could bring a claim for false advertising, because in this case Zhang alleges that California Capital misleadingly advertised that it would timely pay the true value of covered claims.  Zhang asserts that its’ treatment of her claim demonstrated it had no intention of honoring that promise.

This a good victory for Justice, Insurance Justice, because what Zhang raised is timely, because we have all the seen and heard the promises that Insurance Companies broadcast noon and night, “Like A Good Neighbor” ” We Are On Your Side” The Good Hand People” and then they systematically finds ways to defraud legitimate claimants.

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