On August 19, 2009, the Second Appellate District (Div. 7) issued its decision (again, but in slightly augmented form) in Yabsley v. Cingular Wireless, LLC. This decision was originally issued in August 2008, but the court of appeal, on its own motion, ordered a rehearing to allow the Attorney General of California and District Attorney of Santa Barbara County (who had not received notice of the appeal) to weigh in.

While most of the decision is largely irrelevant to insurers, one portion is relevant as it relates to the scope of the "safe harbor" defense to actions brought against insurers under California's Unfair Competition Law.