Ogle v. Pacificare Life and Health Ins
PacifiCare Life and Health Insurance Company, and PacifiCare of California (collectively PacifiCare) appeals from an order denying their petition to compel arbitration of the lawsuit brought against them by George and Shirley Ogle. Court affirm the order. The arbitration provision at issue in this case is found in PacifiCares 2003 subscriber agreement, and is governed by the Knox-Keene Health Care Service Plan Act of 1975 (Health & Saf. Code, 1340 et seq.). PacifiCare has waived any contention the trial court erred in applying the Knox-Keene Act, and has otherwise failed to persuade us the provision complies with the Acts requirements. Consequently, the provision is unenforceable.
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