20th Century Insurance v. Garamendi

—I concur, of course, in the opinion that I have prepared for the court. Specifically, I concur in its conclusion that neither Proposition 103’s rate rollback requirement provision nor the rate regulations as to rollbacks are facially confiscatory under the takings clause of the Fifth Amendment to the United States Constitution.

I write separately to address the following question:

Can any individual insurer, through either the operation of Proposition 103’s rate rollback requirement provision or the rate regulations as to rollbacks, suffer confiscation under the takings clause of the Fifth…