Kelso

Anserv Insurance Services, Inc. v. Kelso

Good Law
83 Cal. App. 4th 175
Court of Appeal of CaliforniaAugust 7, 2000No. D033195California4,388 words

Opinion

Lead Opinion

Huffman, J.

In this appeal of a judgment denying a petition for writ of administrative mandate, appellants Anserv Insurance Services Inc., and its two officers Earl C. Nelson and W. Brian Hames (collectively Anserv) challenge the decision of the superior court that upheld an administrative decision in favor of the real party in interest, the California Department of Insurance (the Department or DOI), revoking their professional insurance licenses. (Code Civ. Proc., § 1094.5.)

On appeal, Anserv raises several challenges to the judgment: (1) the Department exceeded its jurisdiction by seeking to regulate insurance transactions in Mexico that should have been governed by Mexican, not California, law; (2) the administrative process deprived Anserv of a fair trial and constituted an abuse of discretion; and (3) the Department abused its discretion by adopting an administrative decision that lacks support in substantial *201 evidence, including, in particular, the penalty imposed. We have considered these arguments under the appropriate standards and find them each to be lacking in merit.

Factual and Procedural Background

Anserv, a corporation, held insurance licenses as a fire and…

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