Pacific Neurosurgery & Spine Medical Group Inc vs Anthem Blue Cross Life and Health Insurance Company

Case No.: 37-2016-00039063-CU-CO-CTL    

Defendant Anthem Blue Cross Life and Health Insurance Company has demurred to Plaintiff's complaint.

Defendant principally argues that Plaintiff's claims are predicated on a violation of the Knox-Keene Act (the "Act") but that this Defendant is not subject to the Act.

The Court disagrees.

A fair reading of Health & Safety Code Secs. 1345(f)(1) and 1343(e) supports the finding that at least at the pleading stage Plaintiff has adequately alleged that the Defendant is a health care service plan. See also Bell v. Blue Cross of California (2005) 131 Cal.App.4th 211.

Based on this finding, the demurrer to the first cause of action for breach of implied contract and third cause of action for violation of Health & Safety Code Sec. 1371.35 is overruled. For the same reason, the demurrer to the second cause of action for quantum meruit and fourth cause of action for violation of the Unfair Competition Law is overruled.

W........