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MACKAY v. SUPERIOR COURT

Nos. B220469, B223772.

188 Cal.App.4th 1427 (2010)

AMBER MACKAY et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; 21ST CENTURY INSURANCE COMPANY, Real Party in Interest. 21ST CENTURY INSURANCE COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; AMBER MACKAY et al., Real Parties in Interest.

Court of Appeals of California, Second District.

October 6, 2010.

Attorney(s) appearing for the Case

Roxborough, Pomerance, Nye & Adreani, Drew E. Pomerance ; Goshgarian & Marshall, Mark Goshgarian and Merak Eskigian for Petitioners and for Real Parties in Interest Amber MacKay and Jacqueline Leacy.

Kabateck Brown Kellner and Brian S. Kabateck for Consumer Attorneys of California as Amicus Curiae on behalf of Petitioners and Real Parties in Interest Amber MacKay et al.

No appearance for Respondent.

Barger & Wolen, Kent R. Keller , Steven H. Weinstein , Marina M. Karvelas and Peter Sindhuphak for Petitioner and for Real Party in Interest 21st Century Insurance Company.

Sedgwick, Detert, Moran & Arnold and Vanessa O. Wells for Personal Insurance Federation of California, Association of California Insurance Companies and American Insurance Association as Amici Curiae on behalf of 21st Century Insurance Company, Petitioner (B223772) and Real Party in Interest (B220469).

OPINION

CROSKEY, J. —

As modified October 20 and 22, 2010.

In California, a casualty insurance company cannot charge a rate unless the rate is part of a rate plan which has been approved in advance by the Department of Insurance (DOI). The Insurance Code provides specific administrative remedies which may be pursued in order to challenge a rate as illegal, even after the rate has been approved. Judicial review of the administrative...

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