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PACIFICARE LIFE & HEALTH INS. CO. v. JONES

No. G053914.

27 Cal.App.5th 391 (2018)

PACIFICARE LIFE AND HEALTH INSURANCE COMPANY, Plaintiff and Respondent, v. DAVE JONES, as Insurance Commissioner, etc., Defendant and Appellant.

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

September 20, 2018.

Attorney(s) appearing for the Case

Xavier Becerra , Attorney General, Edward C. DuMont , State Solicitor General, Diane S. Shaw , Assistant Attorney General, Janill L. Richards and Christina Bull Arndt , Deputy State Solicitors General, Lisa W. Chao and Laura E. Robbins , Deputy Attorneys General, for Defendant and Appellant.

Gibson, Dunn & Crutcher, Daniel M. Kolkey , Kahn A. Scolnick ; Dentons US, Steven A. Velkei and Felix Woo for Plaintiff and Respondent.

Greenberg Traurig , Gene Livingston and William Gausewitz for the American Council of Life Insurers, the Association of California Life and Health Insurance Companies, the Independent Insurance Agents & Brokers of California, the Personal Insurance Federation of California, and the Property Casualty Insurers Association of America as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

INTRODUCTION

Dave Jones, in his capacity as Insurance Commissioner of the State of California (the Commissioner), appeals from an order enjoining him from enforcing three regulations, adopted in 1992, to implement the unfair claims settlement practices provision of the Unfair Insurance Practices...

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