Published Appellate Opinions
Representative Cases
- Supreme Court
- Court of Appeal (published)
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California Court of Appeals
Jeffrey I. Ehrlich, Appeals Attorney
California Certified Appellate Lawyer
Kotler v. PacifiCare of California (2005) 126 Cal.App.4th 950.
Summary
On a motion for summary judgment, it was concluded there was a question of fact whether a delay of six weeks in arranging for a specialist was reasonable, in Kotler the health care services plan denied two appeals by the patient that sought reimbursement for a specialist the patient saw on his own because of the delay. (Id. at pp. 956-957.)
This was the first case in California to hold that an HMO could be sued for bad-faith for making its subscribers wait an unreasonable amount of time for medical treatment.