Is an employee entitled to a cause of action based on section 790.03 of the Insurance Code?

California, United States of America


The following excerpt is from Droz v. Pacific National Ins. Co., 138 Cal.App.3d 181, 188 Cal.Rptr. 10 (Cal. App. 1982):

The Second District similarly rejected the employee's cause of action based on Insurance Code section 790.03 in DePew v. Hartford Acc. & Indem. Co. (1982) 135 Cal.App.3d 574, 185 Cal.Rptr. 472. The employee alleged that defendant insurance company paid only a pro rata portion of the award and then refused altogether to pay on the basis of a medical report it received shortly before the award became final.

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