“Judge Sides with 130,000 Long-Term Care Policyholders in Class Action Against CalPERS, Permits Case to Proceed to Trial,” Cision PR Newswire
“A Los Angeles Superior Court judge sided with more than 130,000 class members, all CalPERS Long Term Care policyholders, in their class action against CalPERS for unjust premium increases, permitting their claims to proceed to trial. . . . The class members contend the increase was unjustified, due to CalPERS’ failures in establishing the program and because the increases were not permitted by the contract. The plaintiffs asserted five causes of action against CalPERS: breach of fiduciary duty; breach of contract; breach of the implied covenant of good faith and fair dealing; rescission; and declaratory and injunctive relief. The court previously certified the breach of fiduciary duty and breach of contract claims for class treatment. CalPERS filed a motion for summary judgment seeking to eliminate the case in its entirety, but the Hon. Ann I. Jones denied the motion, specifically denying summary adjudication for the second cause of action for breach of contract, the third cause of action for breach of implied covenant of good faith and fair dealing, and the fifth cause of action for declaratory and injunctive relief. ”
LTC Comment (from Stephen A. Moses, President, Center for Long-Term Care Reform):
So much for the idea that government could do LTCI right.
Judge Sides with 130,000 Long-Term Care Policyholders in Class Action Against CalPERS, Permits Case to Proceed to Trial