Fear Not Law Articles: MEDEIROS v. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGE

MEDEIROS v. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES

Filed 1/16/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

MARY MEDEIROS et al.,

Petitioners,

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES,

Respondent;

HEALTH NET OF CALIFORNIA et al.,

Real Parties in Interest.

No. B193042

(Super. Ct. No. LC073799)

ORIGINAL PROCEEDING; petition for writ of mandate. Bert Glennon, Jr., Judge. Petition granted; peremptory writ issued.

Shernoff Bidart & Darras, Michael J. Bidart, Ricardo Echeverria; The Ehrlich Law Firm and Jeffrey Isaac Ehrlich for Petitioners.

No appearance for Respondent.

Lewis Brisbois Bisgaard & Smith, Raul L. Martinez and Elise D. Klein for Real Parties In Interest.

________________________________________

In this writ proceeding, petitioners Mary and Lee Medeiros (collectively, Medeiros) challenge the trial court's order compelling them to arbitrate a dispute with their health insurer, real party in interest Health Net.[1] Medeiros contends the arbitration provision at issue is unenforceable because it does not comply with the disclosure requirements set forth in Health and Safety Code section 1363.1.[2] Health Net asserts, as a member of a group health plan negotiated between Health Net and Medeiros's employer, Medeiros is not entitled to the protection of these disclosures. Moreover, Health Net argues the requirements of section 1363.1 do not apply to the â€

Description	Where insurer's group service agreement with county contained arbitration provisions, insurer was required by Health and Safety Code Sec. 1363.1 to make individualized disclosures concerning arbitration on the benefits election form that employees signed to enroll in the group health plan. Insurer's failure to make such disclosure rendered provision unenforceable.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.