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AMERICAN INS. ASS'N v. GARAMENDI

No. C045000.

24 Cal.Rptr.3d 905 (2005)

AMERICAN INSURANCE ASSOCIATION et al., Plaintiffs and Respondents, v. John GARAMENDI, as Insurance Commissioner, etc., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

Ordered Not Officially Published October 12, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Lawrence K. Keethe, Jeffrey A. Rich, Deputy Attorneys General; Donald P. Hilla, Senior Staff Counsel, for Defendants and Appellants.

Steven W. Murray, Encino, and Amy Bach, Mill Valley, for United Policyholders, as Amicus Curiae for Defendants and Appellants.

Livingston & Mattesich, Gene Livingston and Terry German, Sacramento, for Plaintiffs and Respondents.

MORRISON, J.

At issue in this case is the validity of an insurance regulation promulgated in response to a perceived crisis in the availability of homeowners insurance due to the adoption of underwriting guidelines known as "use it and lose it," under which insurance coverage was lost due to filing a claim or even making an inquiry about coverage. John Garamendi, in his capacity as Insurance Commission of the State of California (hereafter Commissioner), and the California...

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