ASSOCIATION OF CALIFORNIA INS. COMPANIES v. JONES

No. S226529.

2 Cal.5th 376 (2017)

ASSOCIATION OF CALIFORNIA INSURANCE COMPANIES et al., Plaintiffs and Respondents, v. DAVE JONES, as Commissioner, etc., Defendant and Appellant.

Supreme Court of California.

January 23, 2017.


Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Edward C. DuMont , State Solicitor General, Paul D. Gifford and Diane S. Shaw , Assistant Attorneys General, Janill L. Richards and Linda Berg Gándara , Deputy State Solicitors General, W. Dean Freeman , Stephen Lew and Lisa W. Chao , Deputy Attorneys General, for Defendant and Appellant.

Michael R. Asimow as Amicus Curiae on behalf of Defendant and Appellant.

Amy Bach , Daniel Wade ; Kerr & Wagstaffe, Ivo Michael Labar and Daniel J. Veroff for United Policyholders, Scripps Ranch Civic Association and Rancho Bernardo Community Council as Amici Curiae on behalf of Defendant and Appellant.

Seth E. Mermin , Thomas Bennigson , Joseph Lavitt and Alexi Pfeffer-Gillett for Consumers for Auto Reliability and Safety, East Bay Community Law Center, Housing and Economic Rights Advocates, Public Counsel and Public Good Law Center as Amici Curiae on behalf of Defendant and Appellant.

Greenberg Traurig, Gene Livingston , Gregory Sperla , Stephen E. Paffrath ; Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr. , Julian W. Poon , Vanessa C. Adriance and Jennafer M. Tryck , for Plaintiffs and Respondents.

Hinshaw & Culbertson, Robert W. Hogeboom and Kent R. Keller for The Pacific Association of Domestic Insurance Companies as Amicus Curiae on behalf of Plaintiffs and Respondents.

Luke A. Wake ; Benbrook Law Group, Bradley A. Benbrook and Stephen M. Duvernay for National Federation of Independent Business Small Business Legal Center, California Business Roundtable, and California Chamber of Commerce as Amici Curiae on behalf of Plaintiffs and Respondents.


OPINION

The Legislature directed the Insurance Commissioner to "promulgate reasonable rules and regulations ... as are necessary to administer" the Unfair Insurance Practices Act. (Ins. Code, § 790.10.) The question before us is whether that statutory authority supports the Insurance Commissioner's 2011 regulation...

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