Amwest Surety Insurance v. Wilson

Opinion

GEORGE, J.

In 1988, the voters approved Proposition 103, an initiative measure entitled the Insurance Rate Reduction and Reform Act. Among other provisions affecting certain types of insurance, Proposition 103 imposed a rate rollback and required that any subsequent rate increase, prior to its use, be approved by the Insurance Commissioner. Section 8(b) of Proposition 103 provides: “The provisions of this act shall not be amended by the Legislature except to further its purposes . . . .” (Stats. 1988, p. A-290.)

In 1990, the Legislature enacted Insurance Code section 1861.135,1 which…