Garamendi

Radian Guaranty, Inc. v. Garamendi

Good Law
127 Cal. App. 4th 1280·2005 Cal. App. LEXIS 490·2005 Daily Journal DAR 3678·26 Cal. Rptr. 3d 464·2005 Cal. Daily Op. Serv. 2735
Court of Appeal of CaliforniaMarch 29, 2005A105789California5,540 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

Appellant Radian Guaranty, Inc. (Radian) is authorized to transact mortgage guaranty insurance and is statutorily prohibited from transacting any other class of insurance, including title insurance. (See Ins. Code, §§ 12640.10 & 12360. ) In this action, Radian appeals from a denial of its petition for a writ of administrative mandamus (Code Civ. Proc., § 1094.5) by which it sought to reverse a cease and desist order issued by respondent John Garamendi, Insurance Commissioner of the State of California (the Commissioner). The Commissioner’s cease and desist order prohibits Radian from selling the Radian Lien Protection policy (RLP), which provides lenders with protection from a borrower’s default for a range of losses, including coverage for a “Loss due to Undisclosed Liens.’’ The Commissioner determined that coverage for losses due to undisclosed property liens constitutes title insurance pursuant to section 12340.1, and because Radian does not possess the requisite certificate of authority to transact title insurance, it is not authorized to sell RLP in California or anywhere else in the United States.

Radian urges that we reverse the superior court’s…

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