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:
§ 1062.5.Action By Insurer Issuing Policies of Professional Liability Insurance to Health Care Providers
Title 14. Of Miscellaneous Provisions · Chapter 8. Declaratory Relief · Enacted 1979 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 1062.5 lets an insurer of professional liability policies for health care providers, a covered health care provider, or a potentially aggrieved person sue in superior court for a declaration of rights and obligations under the relevant statutory scheme, with the Attorney General entitled to intervene and the action given calendar precedence.
Full Text of § 1062.5
(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 Section 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.
Plain-English Summary
This section creates a specialized declaratory relief action tied to professional liability insurance for health care providers, arising out of legislation enacted in a 1975 special legislative session. Any insurer issuing those policies, any health care provider covered by one, or any potentially aggrieved person, may sue in superior court for a declaration of rights, duties, and obligations under that statutory scheme.
The court must permit two categories of people to intervene: the Attorney General, and any other person the court determines is essential to a complete resolution of the issues in the case. The action itself is anchored to the venue where the Attorney General is required to reside and keep an office under Government Code section 1060, not this code's own § 1060.
Once filed, the action moves fast. It is set for trial at the earliest possible date and takes precedence over every case except those in which the state is a party, and an appeal from the resulting declaration gets similar priority in the appellate courts, placed immediately after state-party cases. The court's declaration, affirmative or negative, carries the force of a final judgment.
As with § 1062, the remedy here is cumulative: it does not restrict any other remedy available to a party, and no declaration issued under this section prevents a party from obtaining additional relief based on the same facts.
Frequently Asked Questions
Who can bring an action under § 1062.5?
An insurer issuing professional liability policies to health care providers, a health care provider covered by such a policy, or any potentially aggrieved person.
Who is entitled to intervene in this kind of action?
The Attorney General, and any other person the court determines is essential to a complete determination or settlement of the issues.
Does this action get priority over other civil cases?
Yes. It is set for trial at the earliest possible date and takes precedence over all cases except those in which the state is a party, with a similar priority on appeal.
Where is the venue provision in § 1062.5 coming from?
It ties venue to the county where the Attorney General is required to reside and keep an office under Government Code section 1060, a different statute from this code's own § 1060.
Amendment History
Added by Stats. 1979, Ch. 373.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: professional liability insurance declaratory action californiahealth care provider insurer declaratory relief california