20TH CENTURY INS. CO. v. GARAMENDI

Docket No. S032502.

8 Cal.4th 216 (1994)

878 P.2d 566

32 Cal. Rptr.2d 807

20th CENTURY INSURANCE COMPANY et al., Plaintiffs and Respondents, v. JOHN GARAMENDI, as Commissioner, etc., Defendant and Appellant. 20th CENTURY INSURANCE COMPANY et al., Plaintiffs and Respondents; v. JOHN GARAMENDI, as Commissioner, etc., Defendant and Appellant; VOTER REVOLT, Intervener and Appellant. HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY et al., Plaintiffs and Respondents, v. JOHN GARAMENDI, as Commissioner, etc., Defendant and Appellant.

Supreme Court of California.

August 18, 1994.


Attorney(s) appearing for the Case

COUNSEL

Strumwasser & Woocher, Michael J. Strumwasser, Frederic D. Woocher and Susan L. Durbin for Defendant and Appellant.

Joseph Lawrence, Acting City Attorney (Santa Monica), Martin T. Tachiki, Barry A. Rosenbaum and Kimery A. Shelton, Deputy City Attorneys, as Amici Curiae on behalf of Defendant and Appellant.

Karl M. Manheim, Hall & Phillips, Hall & Associates, John R. Phillips, Edward P. Howard and Leon Dayan for Intervener and Appellant.

Norma P. Garcia as Amicus Curiae on behalf of Intervener and Appellant and Defendant and Appellant.

John R. Bollington, Thelen, Marrin, Johnson & Bridges, Gary L. Fontana, Curtis A. Cole, Wynne S. Carvill, Hilary N. Rowen, John L. Kortum, Morrison & Foerster, Marc P. Fairman, Michael M. Carlson, Latham & Watkins, Mark S. Pulliam, Katherine A. Lauer, Barger & Wolen, Kent R. Keller, Robert W. Hogeboom, Steven H. Weinstein, John C. Holmes and Lawrence F. Krutchik for Plaintiffs and Respondents.

Judith K. Mintel, Heller, Ehrman, White & McAuliffe, Paul Alexander, Vanessa Wells, Munger, Tolles & Olson, Allen M. Katz, Craig Berrington, David Snyder, Nancy Siegel, Thomas Aceituno, Nielsen, Merksamer, Parrinello, Mueller & Naylor, Steven A. Merksamer and John E. Mueller as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

MOSK, J.

At the November 8, 1988, General Election, the voters approved an initiative statute that was designated on the ballot as Proposition 103. The measure made numerous fundamental changes in the regulation of automobile and other forms of insurance in California. Formerly, the so-called "open competition" system of regulation had obtained, under which "rates [were] set by insurers...

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