FARMERS INS. EXCHANGE v. SUPERIOR COURT

Nos. B184608, B184610.

40 Cal.Rptr.3d 653 (2006)

137 Cal.App.4th 842

FARMERS INSURANCE EXCHANGE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Douglas Ryan, Real Party in Interest. Safeco Insurance Company of America et al., Petitioner, v. The Superior Court of Los Angeles County, Respondent; The Proposition 103 Enforcement Project, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

Review Denied June 14, 2006.


Attorney(s) appearing for the Case

Barger & Wolen, Steven H. Weinstein, Richard G. De La Mora, Marina M. Karvelas and Spencer Y. Kook, Los Angeles, for Petitioners.

Heller Ehrman, Vanessa Wells and Victoria Collman Brown, Menlo Park, for State Farm Mutual Automobile Insurance Company as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Bill Lockyer, Attorney General, David S. Chaney, Senior Assistant Attorney General, Mark P. Richelson and W. Dean Freeman, Supervising Deputy Attorneys General, Diane Spencer Shaw, Deputy Attorney General; Gary Cohen, Elizabeth Mohr and Bryant W. Henley for the Department of Insurance as Amicus Curiae on behalf of Respondent.

Roxborough, Pomerance & Nye, Drew E. Pomerance, Marina N. Vitek and Vincent S. Gannuscio, Woodland Hills; Goshgarian & Marshall, Mark Goshgarian, Calabasas, and John A. Marshall, Los Angeles, for Real Party in Interest Douglas Ryan.

Lerach Coughlin Stoia Geller Rudman & Robbins, John J. Stoia, Jr., Theodore J. Pintar, Kevin K. Green, James D. McNamara, San Diego; The Foundation for Taxpayer and Consumer Rights, Harvey Rosenfield and Pamela M. Pressley for Real Party in Interest The Proposition 103 Enforcement Project.


CROSKEY, J.

Insurance Code section 1861.02,1 enacted in November 1988 as part of Proposition 103, limits the factors that an insurer can consider in determining insurance rates. Statutes predating Proposition 103 created a comprehensive scheme for administrative enforcement of insurance rate regulations. Proposition 103 provided for greater public participation in those proceedings and enhanced the effectiveness and public accountability...

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