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FOGEL v. FARMERS GROUP, INC.

No. B182156.

74 Cal.Rptr.3d 61 (2008)

160 Cal.App.4th 1403

Benjamin J. FOGEL, et al., Plaintiffs and Appellants, v. FARMERS GROUP, INC., et al., Defendants and Appellants.

Court of Appeal of California, Second District, Division Four.

As Modified April 7, 2008.

Attorney(s) appearing for the Case

Engstrom, Lipscomb & Lack, Walter J. Lack, Daniel G. Whalen, Los Angeles; Girardi & Keese, Thomas V. Girardi, Graham LippSmith, Los Angeles; Law Offices of Joe K. Longley, Joe K. Longley; The Gallagher Law Firm, Michael Gallagher, Los Angeles; Burrow & Parrott, David Burrow; Law Offices of Philip K. Maxwell and Philip K. Maxwell for Plaintiffs and Appellants.

Harvey Rosenfield and Pamela M. Pressley, Santa Monica, for The Foundation for Taxpayer and Consumer Rights as Amicus Curiae on behalf of Plaintiffs and Appellants.

Skadden, Arps, Slate, Meagher & Flom, Joren S. Bass, Richard J. Zuromski, Jr., and Raoul D. Kennedy, San Francisco, for Defendants and Appellants.

WILLHITE, Acting P.J.

The issue presented in this appeal is whether the attorneys-in-fact for subscribers of reciprocal insurance exchanges may be sued by the subscribers to recover alleged excessive fees the attorneys-in-fact collected in breach of their fiduciary duty to the subscribers. The fees were collected from premiums the subscribers paid to the exchanges. The premiums were based upon rates approved by the Commissioner of the Department of Insurance (the...

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