Golden State Today

California Attorney General Rob Bonta has filed an amicus brief in the case of Rosenberg-Wohl v. State Farm Fire and Casualty Co., arguing that the Unfair Competition Law (UCL) supersedes the Insurance Code's statute of limitations. Attorney General Bonta emphasized the importance of protecting consumers' rights to challenge abusive practices by insurance companies, stating, "California's Unfair Competition Law protects all 39 million Californians from unlawful, unfair, and fraudulent business practices by any industry, including insurance companies."

The case in question involves a policyholder who filed an insurance claim with State Farm, which was denied. The plaintiff then filed a lawsuit alleging that State Farm violated the UCL by engaging in unfair practices. The Court of Appeal dismissed the plaintiff's action as untimely, citing the contractual one-year limitations period.

In his brief, Attorney General Bonta argues that the one-year limitations period in the Insurance Code should not apply to a UCL action, regardless of its relation to an insurance claim. He also points out that the Court of Appeal's decision goes against long-standing Supreme Court precedent that the UCL's statute of limitations "admits no exceptions."

Attorney General Bonta's commitment to upholding Californians' protections under the UCL is evident in his past actions, such as warning small banks and credit unions about potentially violating consumer protection laws, filing briefs in cases related to fraudulent acts, and lawsuits against companies for deceptive business practices.

The outcome of the Rosenberg-Wohl v. State Farm Fire and Casualty Co. case will have significant implications for consumers' ability to challenge unfair practices by insurance companies in California. Attorney General Bonta urges the California Supreme Court to overturn the lower court's decision to ensure that consumers are not hindered in seeking justice for unlawful, unfair, or fraudulent conduct by insurers.