The UCL Practitioner
Tuesday, February 10, 2004
New "Safe Harbor" Decision
In Ochs v. Pacificare of California, ___ Cal.App.4th ___ (Feb. 9, 2004), the Court of Appeal found an HMO's refusal to pay for emergency healthcare services shielded by a Cel-Tech "safe harbor." A demurrer to the UCL cause of action was therefore properly sustained without leave to amend. (The negligence claim, however, was allowed to proceed.) (Slip op. at 9-10, 15.)
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