Ca. discretionary clauses
Michael Calcagno CPO
Description
Collection
Title:
Ca. discretionary clauses
Creator:
Michael Calcagno CPO
Date:
5/21/2007
Text:
Hi Everyone
In 2004, the Attorney General for the State of Calif. ruled that the insurance companies that sell policies can no longer use DISCRETIONARY CLAUSES in their insurance contracts
In 2006 The Hartford Insurance Co challenge the Attorney Generals ruling in the California Courts
The Attorney General ruling prevailed ! & Discretionary Clauses are no longer acceptable in Insurance Contracts
in Calif.
In a letter generated by the Calif. Dept. of Ins. it states
We define discretionary clauses as any contract provisions or language that purports to confer on the insuer
discretionary authority to determine eligibility for benefits or to interpret the terms or provisions of the contract
Does this mean Ins. Co. cannot dictate what components are to be used, which company can provide the service
etc, etc
This letter can be found on the Internet or I can E it to you
Many other states are following Calif. decision
I am not am Atty. but maybe one of the O&P trade associations should hire a lawyer to consult with
That is it
Mike Calcagno CPO
In 2004, the Attorney General for the State of Calif. ruled that the insurance companies that sell policies can no longer use DISCRETIONARY CLAUSES in their insurance contracts
In 2006 The Hartford Insurance Co challenge the Attorney Generals ruling in the California Courts
The Attorney General ruling prevailed ! & Discretionary Clauses are no longer acceptable in Insurance Contracts
in Calif.
In a letter generated by the Calif. Dept. of Ins. it states
We define discretionary clauses as any contract provisions or language that purports to confer on the insuer
discretionary authority to determine eligibility for benefits or to interpret the terms or provisions of the contract
Does this mean Ins. Co. cannot dictate what components are to be used, which company can provide the service
etc, etc
This letter can be found on the Internet or I can E it to you
Many other states are following Calif. decision
I am not am Atty. but maybe one of the O&P trade associations should hire a lawyer to consult with
That is it
Mike Calcagno CPO
Citation
Michael Calcagno CPO, “Ca. discretionary clauses,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/228184.
