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INTERINSURANCE EXCHANGE v. SUPERIOR COURT

No. D049257.

56 Cal.Rptr.3d 421 (2007)

148 Cal.App.4th 1218

INTERINSURANCE EXCHANGE OF the AUTOMOBILE CLUB, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Tawndra Williams et al., Real Parties in Interest.

Court of Appeal of California, Fourth District, Division One.

March 26, 2007.

Attorney(s) appearing for the Case

Luce, Forward, Hamilton & Scripps, Peter H. Klee and John T. Brooks, San Diego, for Petitioner.

No appearance for Respondent.

Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, Leonard B. Simon, Timothy G. Blood, Kevin K. Green; Robbins, Umeda & Fink and Brian J. Robbins, San Diego, for Real Party in Interest Tawndra Williams.

McDONALD, J.

Tawndra Williams filed a class action against defendant Interinsurance Exchange of the Automobile Club (Exchange) for breach of contract and other causes of action. She alleged Exchange, in violation of Insurance Code section 381, subdivision (f),1 did not state in the automobile policy issued to her the fee it charges insureds for paying the policy annual premium in installments.

Exchange filed a petition for a peremptory...

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