In an action for unfair competition and false advertising involving a group health care plan, trial court’s grant of summary judgment for defendant is affirmed where: 1) defendant complied with the duty to offer coverage for treatment of infertility in its group health plan under Health and Safety Code sec. 1374.55, as it offered such coverage and it was the employer that declined to buy; and 2) plaintiff’s argument that defendant must cover the entire cost of her infertility treatment to comply with the statute has no support in the statute’s language.
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Appellate InformationAPPEAL from a judgment of the Superior Court of Los Angeles County. Victoria G. Chaney, Judge. Affirmed.SECOND APPELLATE DISTRICT, DIVISION EIGHTFiled: July 15, 2009
JudgesOpinion by RUBIN, ACTING P.J., FLIER, J., BIGELOW, J.Opinion by RUBIN, ACTING P.J.
CounselFor Plaintiff: Selman Breitman, Mark F. Didak, Neil H. Selman and Craig R. Breitman.
For Defendant: Reed Smith, Margaret M. Grignon, Kurt C. Peterson, Kenneth N. Smersfelt, Zareh Jaltorossian and Eric C. Schaffer.
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