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Case Name | Marsh & McLennan, Inc. v. Sup. Crt. | |
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Date | 06/29/1989 | |
Note | No private cause of action against a TPA; other legislative remedies apply. | |
Citation | 49 Cal.3d 1, 54 CCC 265 | |
WCC Citation | WCC 23791989 CA |
The Agency utilizes a self-insured workers' compensation program and retains Marsh & McLennan, Inc. , as its independent claims administrator. Truck, a workers' compensation carrier, hired Baker, a private investigator, to evaluate the extent of the plaintiff's work-related back injury. [7a] Mrs. Silvestri bases her claim against Marsh & McLennan on Unruh, relying extensively on Dill v. Claims Admin. The trial court in the instant case similarly sustained Marsh & McLennan's demurrer to Mrs. Silvestri's cause of action under section 790. 03. Three) that denied Marsh & McLennan's petition for writ relief reversed its position 10 months later in Schlick, supra, 196 Cal. App. 3d 974.
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