California Supreme Court Watch

Oct 09, 2019
#20-28 McHugh v. Protective Life Ins., S259215. (D072863; 40 Cal.App.5th 1166; San Diego County Superior Court; 37-2014-00019212-CU-IC-CTL.)

#20-28 McHugh v. Protective Life Ins., S259215. (D072863; 40 Cal.App.5th 1166; San Diego County Superior Court; 37-2014-00019212-CU-IC-CTL.)  Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issues: (1)Were the provisions of Insurance Code sections 10113.71 and 10113.72 intended by the Legislature to apply, in whole or in part, to life insurance policies in force as of January 1, 2013, regardless of the original date of issuance of those policies? (2)Did the lower courts in this case properly rely upon private opinions of Department of Insurance staff counsel? (See Ins. Code, §12921.9; Gov. Code, §11340.5; Heckart v. A-1Self Storage, Inc. (2018) 4 Cal.5th 749.)

Petition for review granted: 01/29/2020

See the California Court of Appeal Opinion.