Fiske

The Commissioner of the California Department of Insurance appeals from a judgment enjoining her from expending funds to enforce the provisions of Insurance Code section 790.03, subdivision (f), part of the state’s legislative regulation of trade practices in the business of insurance. (See Ins. Code, § 790.) Section 790.02 prohibits all unfair methods of competition and unfair or deceptive acts or practices in the business of insurance. The various subdivisions of section 790.03 define some of such acts and practices. Subdivision (f) defines one such prohibited act or prac tice as the setting by an insurer of premiums, rates, dividends, or benefits for life insurance and annuities at the same rates for both men and women. The provision requires insurers to establish different rates for men and women, except as prohibited by federal law.

Respondents filed a taxpayers’ action (Code Civ. Proc., § 526a) for declaratory and injunctive relief, contending the statute, by mandating a classification by gender, denies men and women the equal protection of the laws guaranteed by the Constitutions of California and of the United States. Respondents’ motion for summary judgment was…