Quackenbush v. Superior Court of Santa Barbara County

Opinion

GILBERT, J.

Here we hold that Insurance Code section 12389 1 does not impose a mandatory duty on the Insurance Commissioner (hereinafter Commissioner) to prohibit an underwritten title company that has violated the Insurance Code from doing business or to warn the public. We issue a writ of mandate directing the trial court to vacate its order overruling the Commissioner’s demurrer to the complaint.

Facts

Francis Kaye Lyons alleged in his amended complaint that Trico Title Insurance Company was an underwritten title company conducting the business of title insurance. (§§ 12340.5, 12340.3.)