Gillespie

Appellants Dairyland Insurance Company and Sentry Insurance appeal from the judgment denying their petition for writ of mandate seeking to compel respondent Roxani M. Gillespie, Commissioner of Insurance of the State of California (Commissioner), to set aside her decision finding that appellants violated the nonrenewal restrictions of Proposition 103.

Background

It is undisputed that in September 1988 both appellants “ceased marketing all property and casualty personal lines policies in the State of *1231 California.” 1 In September and October of 1988 appellants mailed notices of nonrenewal for all of the policies of private passenger automobile insurance underwritten by them in California.

The Commissioner concluded that the mandatory renewal provision of Proposition 103 was applicable to nonrenewal notices which were mailed prior to its November 8, 1988, enactment so long as those notices were directed to policies which expired after that time. Based upon this interpretation the Commissioner found that appellants violated the mandatory renewal provision and rendered a remedial order. Appellants then unsuccessfully petitioned for writ of mandate to overturn that…