· 7/22/2015
Rothstein v. Balboa Insurance Co.
Citations
- 794 F.3d 256
- 2015 U.S. App. LEXIS 12623
- 2015 WL 4460713
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that claims are barred, pursuant to the filed-rate doctrine, by both nonjusticiability and nondiscrimination principles
- holding “a claim challenging a 11 claims since calculating damages “require[d] the District Court to determine the reasonable rate absent the alleged conspiracy—‘a function that . . . regulatory agencies are more competent to perform’” (omission in original
- rejecting, pursuant to the nonjusticiability principle, claims against a hazard insurance company that “rest[ed] on the premise that the rates approved by regulators were too high”
- \The [filed-rate] doctrine reaches both federal and state causes of action and protects rates approved by federal or state regulators.\
- “The [filed-rate] doctrine reaches both federal and state causes of action and protects rates approved by federal or state regulators.”
- “Plaintiffs’ claims invite judicial meddling in issues of insurance policy. Because that is forbidden under the principle of nonjusticiability, the claims are barred.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Hall, Lynch
Read full opinion on CourtListenerSourced 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.