California Supreme Court

Association of California Insurance Companies, Plaintiffs and Respondents v. Dave Jones, as Commissioner…

January 23, 2017212 Cal. Rptr. 3d 395

Summary

The court held that the Insurance Commissioner had authority under the Unfair Insurance Practices Act to promulgate a regulation governing homeowners insurance replacement-cost estimates. The regulation permissibly identifies a specific category of misleading insurance statements and was not rendered invalid because the Commissioner could also pursue case-by-case enforcement. The court reversed the judgment invalidating the regulation and remanded for consideration of the plaintiffs' remaining challenges.