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Expert Analysis

Favoring Policy Provision Over State Statute

Law360 (February 16, 2011, 12:04 PM EST) -- On Feb. 9, 2011, a California Court of Appeal ruled that Blue Shield's health insurance policy afforded a three-year statute of limitation for an insured's tortious breach of contract claim, rather than a shorter two-year period provided by state statute. Under California's insurance statutes, an insurer may draft insurance provisions that are more favorable to the insured than as provided by statute....

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