(DOWNLOAD) "State Farm Mutual Automobile Insurance Co. V. Garamendi" by In the Supreme Court of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Farm Mutual Automobile Insurance Co. V. Garamendi
- Author : In the Supreme Court of California
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
In 1988, voters passed Proposition 103, which made "numerous fundamental changes in the regulation of automobile and other types of insurance." (Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805, 812 (Calfarm).) "Formerly, the so-called `open competition' system of regulation had obtained, under which `rates [were] set by insurers without prior or subsequent approval by the Insurance Commissioner . . . .' " (20th Century Ins. Co. v. Garamendi (1994) 8 Cal.4th 216, 240 (20th Century).) Proposition 103 altered this system by adding to the Insurance Code article 10-"entitled `Reduction and Control of Insurance Rates.' ([Ins. Code,] §§ 1861.01-1861.14.)" (California Auto. Assigned Risk Plan v. Garamendi (1991) 232 Cal.App.3d 904, 907 (CAARP).) This new article required, among other things, approval by the Insurance Commissioner of the State of California (hereafter Commissioner) *fn1 for all insurance rate increases (see id. at pp. 909-910), and "provide[d] for consumer participation in the administrative ratesetting process" (Walker v. Allstate Indemnity Co. (2000) 77 Cal.App.4th 750, 753).