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ERICKSON v. AETNA HEALTH PLANS OF CAL.

No. E021505.

84 Cal.Rptr.2d 76 (1999)

71 Cal.App.4th 646

Donald ERICKSON, Plaintiff and Respondent, v. AETNA HEALTH PLANS OF CALIFORNIA, INC., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

April 21, 1999.

Attorney(s) appearing for the Case

Epstein, Becker & Green, William A. Helvestine, Michael T. Horan, San Francisco, and Kevin M. Corbett, San Leandro, for Defendant and Appellant.

Law Offices of Leibovic & Tysch and Gary L. Tysch, Sherman Oaks, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

RICHLI, J.

Aetna Health Plans of California, Inc., appeals from the denial of its motion to compel arbitration of claims arising from its alleged failure to provide timely cancer treatment to Donald Erickson under Aetna's Medicare coverage plan. We conclude that: (1) although Aetna's arbitration provision failed to comply with Health and Safety Code section 1363.1, that statute...

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