submission of an insurance claim (California) · Go Syfert
← California issues

submission of an insurance claim in California

5 California opinions name it 1 courts 2012–2021 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in California.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People ex rel. Fire Insurance Exchange v. Anapol green
calctapp · 2012
2 sentences

2021Again, the Anapol court held that the submission of an insurance claim is ordinarily not a protected activity under the anti-SLAPP statute, unless the defendant first establishes that litigation with the insurance company is under serious consideration and is more than theoretical. ( Anapol, supra, 211 Cal.App.4th 809 .) Here, it does not matter if Rubin’s lien patients were submitting insurance claims with Allstate based on their own coverage policies (first party claims), or if they were submitting insurance claims based on the liability policies of alleged tortfeasors (third party claims).

2020(Anapol, supra, 211 Cal.App.4th at p. 827 .) As such, it could not be determined “by the mere fact of submission of a claim,” that a claim had been submitted in serious contemplation of litigation.

22020–2021
Beach v. Harco National Insurance green
calctapp · 2003
2 sentences

2014Co. (2003) 110 Cal.App.4th 82 (Beach) involved the question of whether and when the submission of an insurance claim constitutes prelitigation conduct protected by section 425.16.

2014Co. (2003) 110 Cal.App.4th 82 (Beach) involved the question of whether and when the submission of an insurance claim constitutes prelitigation conduct protected by section 425.16.

22014–2014
Aronson v. Kinsella green
calctapp · 1997
1 sentence

2012(Aronson v. Kinsella, supra, 58 Cal.App.4th at p. 270 .) In the instant case, the attorneys argue that the submission of an insurance claim constitutes protected petitioning conduct as both a necessary prerequisite to litigation and prelitigation demand letter.

12012–2012

← Caselaw search · G Cite Topics · Brief Check