Garamendi
Wilshire Insurance v. Garamendi
Opinion
Lead Opinion
Danielson, J.
In these consolidated actions, appellant insurers seek to have themselves and other similarly situated insurers exempted from the obligation to pay their policyholders the rate rollbacks called for by Proposition 103 (Ins. Code, § 1861.01 et seq.), 1 enacted November 8, 1988. They contend their applications for exemption must be deemed approved pursuant to section 1861.05, subdivision (c), because the objectors thereto allegedly failed to timely request hearings, and former Insurance Commissioner Roxani Gillespie allegedly did not officially determine to hold hearings on the applications within 60 days after they were filed. The trial court determined the rollback exemption applications in question are not governed by subdivision (c) of section 1861.05, and entered judgments denying the insurers’ petitions for writs of mandamus and prohibition and dismissing their complaints for declaratory relief. We affirm.
Introduction
Proposition 103, which applies to automobile and other types of insurance, “. . . begins with a statement of findings and purpose, asserting that ‘[ejnormous increases in the cost of insurance have made it both unaffordable and unavailable to millions…