California Code of Civil Procedure 1062.5 – Any insurer who issues policies of professional liability insurance …
Any insurer who issues policies of professional liability insurance to health care providers for professional negligence, as defined in Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session, any health care provider covered by such a policy, or any potentially aggrieved person, may bring an action in the superior court for a declaration of its, his, or her rights, duties, and obligations under Chapter 1 as amended by Chapter 2, Statutes of 1975, Second Extraordinary Session.
The court shall permit any of the following persons to intervene in the action:
Terms Used In California Code of Civil Procedure 1062.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: includes "city and county. See California Code of Civil Procedure 17
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The Attorney General.
(2) Any other person whose appearance is determined by the court to be essential to a complete determination or settlement of any issues in the action.
The action shall be commenced in the superior court in the county in which the Attorney General is required to reside and keep his office pursuant to § 1060 of the Government Code.
The action shall be set for trial at the earliest possible date and shall take precedence over all cases other than those in which the state is a party.
The court may make a binding declaration of the rights, duties, and obligations of the insurer, whether or not further relief is or could be claimed at the time. The declaration may be affirmative or negative in form and effect and shall have the force and effect of a final judgment.
If the declaration is appealed, the appeal shall be given precedence in the court of appeal and Supreme Court and placed on the calendar in the order of its date of issue immediately following cases in which the state is a party.
The remedy established by this section is cumulative, and shall not be construed as restricting any remedy established for the benefit of any party to the action by any other provision of law. No declaration under this section shall preclude any party from obtaining additional relief based upon the same facts.
(Added by Stats. 1979, Ch. 373.)