Recent Cases

Troyk v Farmers Group, Inc (Prematic Service Corporation) (12/09/08 Fourth District, Division One; Insurance Code Section 381(f); (Class Action) Insurer may be liable for restitution under the Unfair Competition Law for service payments tendered even though insurer did not directly recieve payments from insureds.

Insurer's agent in billing and collecting servces charges from insureds may be liable on same basis as insurer. This was a procedural ruling; however, it reflects the direction the courts will move in situations which are similar and commonplace in the Excess and Surplus Lines Marketplace.

AEA Insurance Company, Ltd. v John Garamendi, 4th Appellate District, Division 1, (Unpublished) Reflects the limits of California Insurance Code Section 35 (d) in defining activities which require a license from the California Insurance Commissioner. The Commissioner is attempting to expand the scope of the activities of a Wholesaler or a Surplus Line Broker can engage in the day to day operations of its office.

More to follow.