Chambi

Chambi v. Regents of University of California

Good Law
116 Cal. Rptr. 2d 50·2002 Cal. App. LEXIS 288·2002 Daily Journal DAR 1065·95 Cal. App. 4th 822·2002 Cal. Daily Op. Serv. 868
Court of Appeal of CaliforniaJanuary 9, 2002G024554California1,664 words

Opinion

Opinion

O'Leary, J.

Israel P. Chambi, a medical doctor, appeals a summary judgment granted to his former employer, the Regents of the University of California (the Regents). He sued the Regents alleging they violated Business and Professions Code section 801, subdivision (e) by settling a medical malpractice action without his consent. We hold the Regents, a self-insured governmental entity, are not an insurer and their agreement to indemnify employees for claims arising in the course and scope of their employment is not insurance. Thus, they are not bound by Business and Professions Code section 801, subdivision (e)’s requirement that an insurer obtain the insured’s consent before settling an action against the insured. Accordingly, we affirm the judgment.

Chambi, a medical doctor, was employed full-time by the Regents to provide clinical services and teach at the University of California at Irvine (UCI) and provide professional patient care services at the University of California at Irvine Medical Center (UCIMC). The Regents agreed to indemnify Chambi for damages or liability arising out of his performance of professional services at UCI and UCIMC.

In 1995, a medical malpractice action…

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