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Imbler v. Pacificare of California11/6/2002
r evaluation of an application or claim. I also authorize disclosure to a hospital or health care plan, employer, self-insurer or insurer any such medical information obtained if such disclosure is necessary to allow the processing of any claims or for purposes of utilization review or financial audit. This authorization shall become effective immediately and shall remain in effect as long as it is necessary to enable claims processing. PacifiCare Health Plan and Kaiser Foundation Health Plan: I agree to abide by the rules of binding arbitration as described in the Evidence of Disclosure brochure. PacifiCare: I understand that any dispute or controversy which may arise under the Agreement between myself (and/or any enrolled family member) and Health Maintenance Network of Southern California or any Participating Medical Office must be submitted to Binding Arbitration in lieu of a jury or court trial. [ ] I authorize deductions to be made from my salary to cover my share of the cost of enrollment as it is now or as it may be in the future. I also certify that the names of the persons listed in the Medicare Section above are enrolled in both parts A and B of Medicare."
PacifiCare argues that because (1) the arbitration disclosure is just above the signature line, (2) " ts typeface is no smaller than the majority of text used on the page and is not appreciably smaller than the few headings on the page,(3) it is "neither hidden or buried," section 1363.1, subdivision (b) is satisfied. We disagree.
"Prominent" is defined as "standing out or projecting beyond a surface or line," or "readily noticeable." Here, the disclosure sentence was written in the middle of the authorization for the release of medical records and an authorization for payroll deduction of premiums. The disclosure was in the same font as the rest of the paragraph, and was not bolded, underlined or italicized. The disclosure sentence neither stood out nor was readily noticeable. We simply fail to see how this disclosure can be deemed as being "prominently displayed." Because the arbitration disclosure fails to comply with section 1363.1, subdivision (b), we hold that the trial court properly denied PacifiCare's petition to compel arbitration.
DISPOSITION
The trial court's order denying PacifiCare's petition to compel arbitration is affirmed.
CERTIFIED FOR PUBLICATION
Ward J.
We concur:
McKinster Acting P.J.
Richli J.
Page 1 2 3 4 5 6 7 California Personal Injury Attorneys
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