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BROUGHTON v. CIGNA HEALTHPLANS

No. B093517.

76 Cal.Rptr.2d 431 (1998)

Adrian BROUGHTON, Jr., a Minor, etc., et al., Plaintiffs and Respondents, v. CIGNA HEALTHPLANS of California et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Four.

Review Granted September 30, 1998.

Attorney(s) appearing for the Case

Hammond, Zuetel & Cahill, Kenneth R. Zuetel, Jr. and Cynthia L.K. Steele, Pasadena, for Defendants and Appellants.

Mazursky, Schwartz & Angelo, Christopher E. Angelo, Los Angeles, Anthony Kornarens, Watkins & Stevens and Steven B. Stevens, Los Angeles, for Plaintiffs and Respondents.

EPSTEIN, Associate Justice.

In this appeal we are asked to determine whether an arbitration clause in a health insurance policy issued by Cigna Healthplans of California (Cigna) compels arbitration of a cause of action for violation of the California Consumers Legal Remedies Act (the Act), Civil Code section 1750 et. seq. We hold that the anti-waiver provision of the Act precludes mandatory arbitration. This holding is based on the basic purpose underlying the Act...

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