POTVIN v. METROPOLITAN LIFE INS. CO.

No. S061945.

95 Cal.Rptr.2d 496 (2000)

22 Cal.4th 1060

997 P.2d 1153

Louis E. POTVIN, Plaintiff and Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of California.

Rehearing Denied June 28, 2000.


Attorney(s) appearing for the Case

Law Offices of Henry R. Fen ton, Henry R. Fenton and Dennis E. Lee, Los Angeles, for Plaintiff and Appellant.

Catherine I. Hanson, San Francisco, for the California Medical Association, the American Medical Association and the American College of Obstetricians and Gynecologists as Amici Curiae on behalf of Plaintiff and Appellant.

Astrid G. Meghrigian, San Francisco, for the California Medical Association, the American Medical Association, the Immune Deficiency Foundation, Breast Cancer Action and the Temporomandibular Joint Dysfunction Society as Amicus Curiae on behalf of Plaintiff and Appellant.

Ann Allen for the American College of Obstetricians and Gynecologists as Amici Curiae on behalf of Plaintiff and Appellant.

Joseph R. Grodin, Berkeley; Friedman, Ross & Hersh, Pillsbury, Madison & Sutro, Jeffrey S. Ross, Michael J. Kass and Paul E. Jahn, San Francisco, for the American Medical Association and the California Medical Association as Amici Curiae on behalf of Plaintiff and Appellant.

Stephan, Oringher, Richman & Theodora, Harry W.R. Chamberlain II, Los Angeles, Ellen Kamon; Rosato & Samuels, Cary S. Samuels, Los Angeles, and Ann C. Schneider for Defendant and Respondent.

Foley Lardner Weissburg & Aronson, Foley & Lardner, J. Mark Waxman, Lowell C. Brown, Robyn A. Meinhardt, Hema R. Anwar, Los Angeles; Epstein Becker & Green and William A. Helvestine, San Francisco, for California Association of Health Plans and Association of California Life and Health Insurance Companies as Amici Curiae on behalf of Defendant and Respondent.

Carroll, Burdick & McDonough, Foley & Lardner, Paul A. Stewart, David M. Rice and Mark E. Reagan for Hill Physicians Medical Group, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Davis Wright Tremaine, Peter N. Grant, Harry Shulman and W. Reece Hirsch for American Medical Group Association, the IPA Association of America and the National IPA Coalition as Amici Curiae on behalf of Defendant and Respondent.

Davis Wright Tremaine and W. Clark Stanton for California Healthcare Association as Amicus Curiae on behalf of Defendant and Respondent.


KENNARD, J.

After removal from defendant insurance company's "preferred provider" lists, plaintiff physician brought this action. Citing the common law right to fair procedure, which forbids arbitrary expulsions from private organizations under certain circumstances, plaintiff alleged he should have been given reasonable notice and an opportunity to be heard before his...

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