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Administrative Law Keyed to Asimow
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 sections 1861.02 and 1861.05, enacted as part of Proposition 103. The complaint alleged that since November 1989, the insurers had refused to offer and sell Good Driver Discount policies to qualified persons, refused to charge the required 20% discounted rate, unlawfully used the absence of prior insurance as an eligibility criterion, and unfairly discriminated against qualified drivers. The first cause of action was brought directly under the Insurance Code, while the second cause of action alleged that these same violations constituted unfair business practices under Business and Professions Code section 17200. The trial court sustained the demurrer to the first cause of action based on failure to exhaust administrative remedies but allowed the second cause of action to proceed. The insurers challenged this ruling, arguing that the People should be required to first pursue administrative remedies through the Insurance Commissioner before proceeding with their Business and Professions Code claim.
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