Jennifer Hoffman

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The Second District Court of Appeal Applies the “Filed Rate Doctrine” to California Insurance Ratemaking, and Holds that the Use of Approved Insurance Rates Cannot Create Tort Liability Against an Insurer in a Class Action

In MacKay v. Superior Court (October 6, 2010) ___ Cal.App.4th ___ the Second District Court of Appeal threw out a class action challenging an insurer’s rating practices on the ground that California law prohibits insureds from challenging rates approved by the California Department of Insurance (“DOI”) through a civil action. Writing for the court, Justice Croskey … Continue Reading

Fourth District Court of Appeal Confirms that the No “Pick Off” Rule Applies to a Potential UCL Class Action

In Wallace v. GEICO General Insurance Company (April 19, 2010) __ Cal.App.4th __, the Fourth District Court of Appeal confirmed that a defendant cannot “pick off” a potential class representative by tendering payment of their claim in a class action alleging violations of California’s Unfair Competition Law, Business and Professions Code section 17200 et seq. … Continue Reading
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