Worker Can't Sue Carrier, Claims Administrator or Adjuster for Alleged Fraud

A California appellate court upheld the dismissal of a worker’s claims against his employer’s insurance company, claims administrator and an individual adjuster for violation of the Insurance Frauds Prevention Act. The 4th District Court of Appeal, in an unpublished decision handed down Friday, said Gilbert Ellinger failed to properly plead violations of Penal Code Section 550 by showing how his supervisor’s alleged lie affected the handling of his claim. Even if Ellinger had properly alleged a violation, the court said the Insurance Frauds Prevention Act applies to “...