Cottage Health vs Columbia Casualty Company et al

Case No.: 16CV02310    

Nature of Proceedings: Motion: Summary Judgment

TENTATIVE RULING: Defendant Underwriters’ motion for summary adjudication of plaintiff’s breach of contract cause of action is denied.


This is an insurance coverage dispute. On January 28, 2014, a class action complaint was filed by Kenneth Rice in Orange County Superior Court against Cottage Health (“Cottage”), Rice, et al. v. Insync, et al., Case No. 30-2014-00701147-CU-CJP, alleging that Cottage negligently disclosed on the internet various patient records for the period September 29, 2009 through December 2, 2013. The patient records contained names, addresses, telephone numbers, dates of birth, medical information, financial information, and other confidential information. The records of approximately 32,000 patients were allegedly disclosed. The Rice action alleged that Cottage violated the California Confidentiality of Medical Information Act (“CMIA”) and the federal Healt........