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WISHNEV v. NORTHWESTERN MUT. LIFE INS. CO.

No. 16-16037.

880 F.3d 493 (2018)

Sanford J. WISHNEV, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2018.

Attorney(s) appearing for the Case

Timothy J. O'Driscoll (argued) and Stephen C. Baker , Drinker Biddle & Reath LLP, Philadelphia, Pennsylvania; Marshall L. Baker , Matthew J. Adler , Alan J. Lazarus , and Michael J. Stortz , Drinker Biddle & Reath LLP, San Francisco, California; for Defendant-Appellant.

Robert Bramson (argued) and Jennifer S. Rosenberg , Bramson Plutzik Mahler & Birkhaeuser LLP, Walnut Creek, California, for Plaintiff-Appellee.

Thomas A. Evans , Reed Smith LLP, San Francisco, California; Lisa Tate , Vice President, Litigation & Associate General Counsel, American Council of Life Insurers, Washington, D.C.; for Amicus Curiae American Council of Life Insurers.

Laura L. Geist and Andrew S. Azarmi , Dentons US LLP, San Francisco, California; Brad Wenger , Association of California Life and Health Insurance Companies, Sacramento, California; for Amicus Curiae Association of California Life and Health Insurance Companies.

Before: Sandra S. Ikuta and Andrew D. Hurwitz, Circuit Judges, and Donald W. Molloy, District Judge.

ORDER

We ask the California Supreme Court to resolve two open questions of state law that have significant effects on insurance companies and insureds in California.

An initiative measure enacted in 1918 (the Initiative), Cal. Civ. Code §§ 1916-1-5, limits the amount of interest lenders may charge, and provides that lenders may not compound interest "unless an agreement to that effect is clearly expressed in writing and signed by the party to be...

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