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· 3/30/2004

Donabedian v. Mercury Insurance

Citations

  • 11 Cal. Rptr. 3d 45
  • 116 Cal. App. 4th 968

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • acknowledging that ’actions challenging ratemaking authority of DOI fall within Insurance Commissioner’s exclusive jurisdiction because of‘Section 1860.1, but concluding that that provision did not apply because plaintiffs claim did not involve ratemaking
  • distinguishing 8 Walker to hold that a challenge to an insurer’s “rating factors and class plan, as applied, violated 9 [other provisions of] Proposition 103” are viable and not subject § 1860.1 immunity
  • distinguishing 8 Walker to hold that a challenge to an insurer’s “rating factors and class plan, as applied, violated 9 [other provisions of] Proposition 103” are viable and not subject § 1860.1 immunity
  • no immunity to “as applied” challenge to an insurer’s “rating 13 factors and class plan”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mallano

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.