Insurance Codes - Walker v LSW

  • The costs are fully disclosed in both the illustration and the policy. The statute requires that the be so-called embedded.....  <Statute 10509> (DOC 815, p29)
  • Section 332 - put on notice of something that you need to inquire about. - (DOC 815, p20)
  • Section 335 - quote, "all the general causes which are open to his inquiry equally with that of the other."
    • Now, what we are talking about here is the interaction between their policies, how they have written their policies and how they have structured their policies, ...  <Policy Mechanics> - (DOC 815, p19)
  • 10509 of the Insurance Code (DOC 815, p22)
  • Section 780 of the Insurance Code.
    • Moradi-Shalal (DOC 815, p22)
    • prohibits an insurer from making any statement that misrepresents the terms of a policy issued by the insurer that he either knew or should have known was a misrepresentation.  ex. "only one policy fee."(DOC 815, p25-26)
  • 790.03 of the Insurance Code - unfair claims settlement practices (DOC 815, p22-23)
  • 17200, unlawfulness prong, Chabner (DOC 815, p25)