15.  Originally founded in Hartford, Connecticut in 1853, Aetna is an American  managed health care company that sells traditional, consumer directed health care and life  insurance plans. Through its network of affiliates and subsidiaries throughout the United  States, Aetna offers a range of insurance products including medical, pharmaceutical, dental,  behavioral health, long-term care and disability plans. Aetna is a Fortune 100 company with  over $60 billion in reported annual revenue.   16.  Aetna’s health insurance plans cover an estimated 23 million Americans,  including the proposed class in this lawsuit. Aetna states that as a “health care leader, we  believe that our corporate responsibility starts with helping people live healthier lives.” Aetna’s  Chairman, CEO and President Mark Bertolini claims that Aetna’s “values carry through our  thoughts and actions every day, inspire innovation in our products and services, and drive our  commitment to excellence in all we do.” Aetna claims that its core value of “Caring” mandates  that “[w]e listen and respect our customers and each other so we can act with insight,  understanding and compassion.”  B.  Aetna Improper Procedures   17.  Former Medical Director for Aetna, Dr. Jay Ken Iinuma, admitted under oath  that “he never looked at patients’ records when deciding whether to approve or deny care.” He  further admitted to “following Aetna’s training, in which nurses reviewed records and made  recommendations to him.”   23.  Plaintiffs brings this action on their own behalf and pursuant to the Federal Rules  of Civil Procedure Rule 23(a), (b)(2), (b)(3), and (c)(4), Plaintiffs seeks certification of a  Nationwide class and a California class.  The nationwide class is initially defined as follows:   All persons residing in the United States who are insured with Aetna  (the “Nationwide Class”).  The California class is initially defined as follows:  All persons residing in California who are insured with Aetna (the  “California Class”).   32.  Plaintiffs incorporate the substantive allegations contained in each and every  paragraph of this Complaint.   33.  Aetna marketed and solicited and invited Plaintiffs and the members of the Class  to have insurance with their company. Plaintiffs and Class Members accepted Aetna’s offers and  insured with Aetna.     34.  When Plaintiffs and Class Members insured through Aetna, they paid monies so  that they could receive the best medical insurance. In so doing, Plaintiffs and Class Members  entered into implied contracts with Aetna to which Aetna agreed to properly review their medical  records and give coverage when appropriate after a careful review by a medical physician.   35.  Plaintiffs and Class Members would not have purchased Aetna’s insurance in the  absence of the implied contract between them and Aetna.   36.  Plaintiffs and Class Members fully performed their obligations under the implied  contracts with Aetna.   37.  Aetna breached the implied contracts it made with Plaintiffs and Class Members  by failing to properly review medical records to ascertain proper coverage of Plaintiffs and Class  Members.    38.  As a direct and proximate result of Aetna’s breaches of the implied contracts  between Aetna and Plaintiffs and Class Members, Plaintiffs and Class Members sustained actual  losses and damages as described in detail above.  42.  Plaintiffs repeats and fully incorporates the allegations contained in each and  every paragraph of this Complaint.     43.  In exchange for Plaintiff and class members payments of premiums, Aetna  issued a health care policy, the material terms of which include, without limitation, that  Plaintiff and class members were to have timely access to and coverage for medically  necessary treatment.   44.  Notwithstanding Aetna's legal and contractual obligations, Aetna repeatedly and  consistently refused to provide benefits for Plaintiff and class members, as outlined in the  foregoing paragraphs.   45.  Therefore, by refusing to provide Gillen with timely benefits, defendants not  only breached the contract, but also acted unreasonably and subjected themselves to bad faith  liability.   53.  Plaintiffs repeats and fully incorporates the allegations contained in each and  every allegation of this Complaint.    A.  Aetna Provides Healthcare Related Services Nationwide   Breach of the Duty of Good Faith and Fair Dealing   (On Behalf of Plaintiffs and the Nationwide and California Classes)   Breach of Implied Contract  (On Behalf of Plaintiffs and the Nationwide and California Classes)   Breach of Contract  (On Behalf of Plaintiffs and the Nationwide and California Classes)   Violation of California’s Unfair Competition Law Cal. Bus. & Prof. Code § 17200  Unlawful Business Practices and Unfair Competition  (On Behalf of the California Class)   Violation of California’s Unfair Competition Law Cal. Bus. & Prof. Code §17200  Fraudulent/Deceptive Business Practices  (On Behalf of the California Class)  