California's Proposition 103 bestowed upon the public the right to challenge the rates or practices of an insurance company in court. (Insurance Code Section 1861.10) Proposition 103 also specifies that California's civil rights and consumer protection laws apply to the actions of insurance companies. (Ins. Code Section 1861.03(a)) and can, therefore, be enforced by citizens in court. Read more about these provisions of California law.
Below are links related to several recent cases concerning Californians' right to sue insurers.
Donabedian v. Mercury
Case Page:
Donabedian v. Mercury Insurance Company
Case Documents:
Donabedian v. Mercury – Affirming right to bring civil actions
Donabedian v. Mercury – Consumer Watchdog's Amicus Brief at Court of Appeal
Donabedian v. Mercury – California Department of Insurance's Amicus Brief at Court of Appeal
News Releases:
Consumer Group Blocks Class Action Settlement Against Mercury Insurance Involving Coupons
Court Upholds Right of Consumers to Sue Insurers for Overcharges Under Proposition 103
News Articles:
Coupon-Based Settlements Get Tougher
Poirer v. State Farm
Case Documents:
Poirer v. State Farm – Affirming right to bring civil actions
Poirer v. State Farm – Consumer Watchdog's Amicus Brief at Court of Appeal
Poirer v. State Farm – California Department of Insurance's Amicus Brief at Court of Appeal
Safeco v. Superior Court
Case Documents:
Safeco v. Superior Court – Decision (Justice Croskey) limiting right to bring civil actions
Safeco v. Superior Court – Return to Petition for Writ of Mandate
Safeco v. Superior Court – Petition for Review by Supreme Court
News Releases:
Safeco Must Disclose Who It Surcharged for Auto Insurance, Court Rules
Insurance Companies Seek License to Steal
News Articles:
California Court: Safeco Must Disclose Surcharges
MacKay v. 21st Century
Case Page:
Defending Right to Challenge Insurance Company Practices in Court (MacKay v. 21st Century)
Case Documents:
Mackay v. 21st Century – Decision (Justice Croskey) immunizing insurers
Mackay v. 21st Century – Motion to Intervene/Petition for Rehearing at Court of Appeal
News Articles:
Auto Insurers Win Ruling in State High Court
A 'Get Out of Jail Free' Card for the Insurance Industry – Part 1
A 'Get Out of Jail Free' Card for the Insurance Industry – Part 2
Other Cases:
Fogel v. Farmers Group, Inc.
Case Documents:
Fogel v. Farmers – Amicus Brief at Court of Appeal
News Releases:
Farmers Policyholder Granted Right to Challenge $455 Million Settlement of Class Action Against Farmers Insurance
News Articles:
Will Farmers Insurance Settlement Turn Into A Good Deal For Customers?
Farmers Group Agrees to Pay $455 Million to Settle Policyholder Suit
Some Cry Foul Over Farmers Settlement
Contested Insurance Settlement Gets Judge's Preliminary Approval
Consumer Lawyers Fighting Against Legal Tide
Fairbanks v. Superior Court
Fairbanks v. Superior Court Decision (Justice Croskey) – Reviewed by Supreme Court
Fairbanks v. Superior Court – Request for Review by Supreme Court
Fairbanks v. Superior Court – Amicus Brief at Supreme Court
