• Department of Labor’s 2016 Fiduciary Rule: Background and Issues

Plaintiff claims that Defendants breached a fiduciary duty. (See generally Doc. No. 1-2.)

  • However, while the insurer-insured relationship contains many elements of a fiduciary relationship, “‘the [California] courts which have directly addressed the issue ... have specifically held that there is no fiduciary duty between an insurer and an insured.’”  General American Life Ins. Co. v. Rana, 769 F. Supp. 1121, 1126 (N.D. Cal. 1991) (quoting Hassard, Bonnington, Roger & Huber v. Home Ins. Co., 740 F. Supp. 789, 792 (S.D. Cal. 1990)).
  • Thus, as no fiduciary duty exits, Plaintiff cannot plead a breach of fiduciary duty.

2019 - 18-943 - Openiano v. Hartford Life and Annuity Insurance Company et al