Can an independent insurance adjuster bring a cause of action for violation of Insurance Code section 790.03?

California, United States of America


The following excerpt is from Hernandez v. General Adjustment Bureau, 199 Cal.App.3d 999, 245 Cal.Rptr. 288 (Cal. App. 1988):

4 However, the court in Dill also concluded that the cause of action for violation of Insurance Code section 790.03 could not be maintained against the administrator because it could not be considered an entity engaged in the business of insurance for purposes of that section. ( Id. at p. 1190, 224 Cal.Rptr. 273.) We disagree. An independent insurance adjuster has been held to be subject to actions brought under that Insurance Code provision. (Davis v. Continental Ins. Co. (1986) 178 Cal.App.3d 836, 224 Cal.Rptr. 66.)

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