Hughes v. Progressive Direct Insurance

Private Right of Action Against Insurance Companies Under California Business Code 17200

NCLC's Position

NCLC asked the California Supreme Court to grant review of this case, and to reject the plaintiffs' efforts to use Section 17200 of California's Business & Professions Code (California’s Unfair Competition Law, or UCL) to create a new private right of action against insurers for alleged violations of California's Insurance Code (or the "Unfair Insurance Practices Act," UIPA). NCLC’s amicus brief warned that such a private right of action could result in billions of dollars in new costs for California individuals and businesses.

Case Outcome
Procedural History

NCLC amicus letter filed 8/26/11.

Case Documents