The Second Appellate District denied a petition for writ of mandate. The court held that a state agency’s regulatory and enforcement authority over managed health care service plans under the Knox-Keene Health Care Service Plan Act did not preclude a city attorney from pursuing unfair competition and false advertising claims against such a service plan that arose out of its coverage rescission practices.
Anthem Blue Cross of California, Inc. (Blue Cross), was a managed health care service plan that was subject to the Knox-Keene Health Care Service Plan Act and was regulated by the state Department of Managed Health Care (DMHC). Anthem Blue Cross Life and Health Insurance Company (Blue Cross Insurance) was a life and disability insurer. Blue Cross and Blue Cross Insurance were subsidiaries of Wellpoint, Inc.