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Insurance

Dec. 8, 2010

Putting An End to the Game of Chance in Insurance Rate Making

Rates set by the Insurance Commissioner pursuant to Proposition 103 are not, and should not be, challengeable in court. By Sam Sorich of the Association of California Insurance Companies and Kimberly Dellinger Dunn of the Personal Insurance Federation of California.


By Sam Sorich and Kimberly Dellinger Dunn


Recently, one of our most respected jurists, Justice Walter Croskey of the California Court of Appeal, issued a landmark ruling in MacKay v. Superior Court (188 Cal. App. 4th 1427 Oct. 6, 2010). The actual opinion follows the formula familiar to legal scholars for a Croskey opinion. It is thoughtful, balanced, firmly grounded in California law, and ultimately consistent with the result reached by virtually a...

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