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CHEN v. SUPERIOR COURT

No. B170729.

13 Cal.Rptr.3d 248 (2004)

118 Cal.App.4th 761

Charles CHEN, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent. David A. Gill, as Receiver etc., Real Party in Interest.

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

As Modified May 20, 2004.

Attorney(s) appearing for the Case

Aguilar & Sebastinelli and Allen J. Kent, San Francisco, for Petitioner.

No appearance for Respondent.

Danning, Gill, Diamond & Kollitz and George E. Schulman, Los Angeles, for Real Party in Interest.

CROSKEY, J.

In this case of first impression, we examine the scope, application and limitations of Insurance Code section 1280.7.1 That statute defined and authorized a specific mechanism for the creation by physicians of cooperative corporations and trusts in order to provide, by means of interindemnity contracts, indemnity and defense coverage for medical malpractice claims. The statute authorized the establishment of a trust to be funded...

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