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· 10/6/2010

MacKay v. Superior Court

Citations

  • 188 Cal. App. 4th 1427
  • 115 Cal. Rptr. 3d 893

How courts have described this case

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

  • collecting cases where civil claims were permitted where plaintiffs challenged the insurer’s conduct, and not the rates approved by the DOI
  • “[I]f the underlying conduct challenged was not the charging of- an approved rate, but the application of an 'unapproved underwriting guideline, Insurance Code section 1860.1 would not be applicable.”
  • \The federal version of [the filed rate doctrine] in general forbids a regulated entity to charge rates for its services other than those properly filed with the appropriate federal regulatory authority.\
  • “Insurance Code 3 section 1860.1 exempts from other California laws acts done and actions taken pursuant to 4 the ratemaking authority conferred by the ratemaking chapter, including the charging of a 5 preapproved rate.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Croskey

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.