ACTION FOR
REFUSAL TO TREAT MEDI-CAL PATIENTS NOT COVERED BY LIABILITY POLICY -
UPLAND V. DOCTORS’ COMPANY
In Upland Anesthesia Medical Group v.
The Doctors’ Company (2002) 02 CDOS 7038, an anesthesia group was sued in
a class action for refusing to provide epidural anesthesia for Medi-Cal
patients giving birth. The group was sued for unfair competition and for
violation of the Consumers Legal Remedies Act. The group tendered their
defense to their medical malpractice insurer who refused to defend.
The Court of Appeal held that there was
no coverage under the policy because public policy prevents coverage for
consumer claims of unfair competition, and because the policy excluded
coverage for intentional acts.
