Legal Opinion
MacKay v. Superior Court
California Court of Appeal
Decided October 6, 2010No. B220469, B223772PublishedCited by 36 opinions
1Opinion of the Court
Opinion
CROSKEY, J.
In California, a casualty insurance company cannot charge a rate unless the rate is part of a rate plan which has been approved in advance by the Department of Insurance (DOI). The Insurance Code provides specific administrative remedies which may be pursued in order to challenge a rate as illegal, even after the rate has been approved. Judicial review of the administrative proceedings is available by means of a petition for writ of mandate. In this case, the insureds attempted to pursue their administrative remedy, but after the DOI declined to hold a hearing, the insureds…
2Cases cited29 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
- Leal v. Holy Spirit Ass'n for Unification of World ChristianityCalifornia Supreme Court · 1988
- Farmers Insurance Exchange v. Superior CourtCalifornia Supreme Court · 1992
- AARTS Productions, Inc. v. Crocker National BankCalifornia Court of Appeal · 1986
24 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Loeffler v. Target CorporationCalifornia Supreme Court · 2014
- Jerald Friedman v. Aarp, Inc.Court of Appeals for the Ninth Circuit · 2017
- Ellsworth v. U.S. Bank, N.A.District Court, N.D. California · 2012
- Rapp v. Green Tree Servicing, LLCDistrict Court, D. Minnesota · 2014
- Dowling v. Farmers Insurance ExchangeCalifornia Court of Appeal · 2012
31 more not listed; retrieve them via the Exa API.