Plan Terms, Time Bar, Unfair Competition Law Limits Preclude Suit, Insurer Says

Mealey's (September 29, 2022, 3:06 PM EDT) -- LOS ANGELES — Plan terms give an insurer discretion on paying out-of-network claims and in some instances provide a time bar to substance use disorder claims, and California unfair competition law (UCL) claims cannot be pursued on an assignment of rights or used as a vehicle for compensatory damages, an insurer tells a California federal judge in a supplemental brief on dispositive motions....