STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Plaintiffs and Appellants,
v.
John GARAMENDI, as Insurance Commissioner, etc., et al., Defendants and Respondents;
Southern Christian Leadership Conference of Greater Los Angeles, Inc., et al., Interveners and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
April 26, 2004.
As Modified June 9, 2004.
Attorney(s) appearing for the Case
Heller Ehrman White & McAuliffe, Paul Alexander, Vanessa Wells and Victoria Collman Brown, Menlo Park, for Plaintiffs and Appellants.
LeBoeuf, Lamb, Greene & MacRae, Sonnenschein Nath & Rosenthal, Thomas E. McDonald and Sanford Kingsley, San Francisco, for Allstate Insurance Company, Allstate Indemnity Company, Deerbrook Insurance Company, United Services Automobile Association and USAA Casualty Insurance Company as Amici Curiae on behalf of Plaintiffs and Appellants.
Paul, Hastings, Janofsky & Walker, Roger M. Milgrim, George L. Graff, New York, NY, Romy Berk, Thomas J. Finn, Brian Moran, New York, NY, Paul W. Cane, Jr., San Francisco; National Chamber Litigation Center and Robin S. Conrad, Washington, DC, for California Chamber of Commerce, Chamber of Commerce of the United States, the California Business Roundtable, California Healthcare Institute and the Pharmaceutical Research and Manufacturers of America as Amici Curiae on behalf of Plaintiffs and Appellants.
Horvitz & Levy, David S. Ettinger, Mitchell C. Tilner, Daniel J. Gonzalez, Encino; Barger & Wolen, Steven H. Weinstein and Robyn E. King for Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, The Association of California Insurance Companies, The Personal Insurance Federation of California and The National Association of Independent Insurers as Amici Curiae on behalf of Plaintiffs and Appellants.
Fred J. Hiestand, Sacramento, for the Civil Justice Association as Amicus Curiae on behalf of Plaintiffs and Appellants.
Bill Lockyer, Attorney General, Randall P. Borcherding and Kristian D. Whitten, Deputy Attorneys General, for Defendants and Respondents.
Public Advocates, Mark Savage, San Francisco, and Thorn Ndaizee Meweh for Interveners and Respondents Southern Christian Leadership Conference of Greater Los Angeles, Inc., and Consumers Union of U.S., Inc.
Gail Hillebrand, San Francisco, for Intervener and Respondent Consumers Union of U.S., Inc.
Kevin Stein, New York, NY, for California Reinvestment Committee as Amicus Curiae on behalf of Interveners and Respondents.
John A. Russo, City Attorney (Oakland), Barbara J. Parker, Chief Assistant City Attorney, and Daniel Rossi, Deputy City Attorney for City of Oakland as Amicus Curiae on behalf or Interveners and Respondents.
Dennis J. Herrera, City Attorney (San Francisco), Owen J. Clements, Chief of Special Litigation, and Ellen M. Forman, Deputy City Attorney, for City and County of San Francisco as Amicus Curiae on behalf of Interveners and Respondents.
Harvey Rosenfield and Pamela Pressley for The Proposition 103 Enforcement Project as Amicus Curiae on behalf of Interveners and Respondents.
Supreme Court of California.
BROWN, J.
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, 258 Cal.Rptr. 161, 771 P.2d 1247 (Calfarm).) "Formerly, the so-called `open competition...
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