Vikco Insurance Services, Inc. v. Ohio Indemnity Co.

J.*This appeal arises from a dispute and lawsuit over the termination of an insurance agency contract. Following a court trial, Vikco Insurance Services, Inc. (Vikco) appeals from a judgment entered in favor of respondent Ohio Indemnity Company (Ohio) determining that there is no private right of action to sue for damages for alleged violation of Insurance Code section 769. Vikco contends the trial court’s determination is erroneous. For the first time on this appeal, Vikco also asserts that even if no private right of action exists under section 769, it may in any event bring its claims against Ohio pursuant to the Unfair Business Practices Act (Bus. & Prof. Code, § 17200 et seq.). We disagree with all of Vikco’s arguments, and affirm the judgment.

I. Factual and Procedural Background

At all times relevant to this appeal, Ohio has been in the business of providing automobile damage coverage in California. In April 1992, Ohio entered into a written contract (the Agency Agreement) with Vikco under which Vikco became Ohio’s agent in California for the purpose of issuing insurance policies for Ohio. Included in the Agency Agreement was a provision stating that either party…