Interinsurance Exchange of Automobile Club v. Superior Court

Tawndra Williams filed a class action against defendant Interinsurance Exchange of the Automobile Club (Exchange) for breach of contract and other causes of action. She alleged Exchange, in violation of Insurance Code section 381, subdivision (f), did not state in the automobile policy issued to her the fee it charges insureds for paying the policy annual premium in installments.

Exchange filed a petition for a peremptory writ of mandate challenging the trial court’s orders (1) granting Williams’s motion for summary judgment,and (2) denying Exchange’s motion for summary judgment or, in the alternative, summary adjudication. Exchange contends: (1) The trial court erred by interpreting the term “premium,” as used in section 381, subdivision (f), to include fees imposed for installment payments of the annual premium; (2) Williams agreed to pay the fees disclosed by Exchange on her billing statement; (3) it substantially complied with section 381, subdivision (f); and (4) even if it violated section 381, subdivision (f), there are triable issues of material fact that preclude summary judgment for Williams. Because we conclude the term “premium,” as used in section 381,…