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Administrative Law Keyed to Schwartz
Farmers Insurance Exchange v. Superior Court
Citation:
826 P.2d 730 (1992)Facts
The People of California, through the Attorney General, filed a two-count complaint against various insurers alleging violations of Insurance Code provisions enacted through Proposition 103. The complaint alleged that since November 1989, the insurers had refused to offer and sell Good Driver Discount policies to eligible persons, refused to charge qualified persons rates at least 20% below what they would otherwise have charged, unlawfully used the absence of prior insurance as an eligibility criterion, and unfairly discriminated in eligibility and rates. The first cause of action was brought directly under the Insurance Code, while the second “borrowed” these same violations as the basis for an unfair competition claim under Business and Professions Code section 17200. The trial court dismissed the first cause of action for failure to exhaust administrative remedies but allowed the second cause of action to proceed. The insurers challenged this ruling, arguing that the court should stay proceedings pending administrative action by the Insurance Commissioner.
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