Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 2. THE BUSINESS OF INSURANCE / CHAPTER 9. Rates and Rating and Other Organizations / ARTICLE 7. Hearings, Procedure and Judicial Review
California Codes

Cal. Insurance Code § 1858.07 (2026)

Hearings, Procedure and Judicial Review

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Any person who uses any rate, rating plan, or rating system in violation of this chapter is liable to the state for a civil penalty not to exceed five thousand dollars ($5,000) for each act, or, if the act or practice was willful, a civil penalty not to exceed ten thousand dollars ($10,000) for each act. The commissioner shall have the discretion to establish what constitutes an act. However, when the issuance, amendment, or servicing of a policy or endorsement is inadvertent, all of those acts shall be a single act for the purpose of this section.

(b)The penalty imposed by this section shall be imposed by and determined by the commissioner as provided by Section 1858.3, except that no penalty shall be imposed by the commissioner if a person has used any rate, rating plan, or rating system that has been approved for use by the commissioner in accordance with the provisions of this chapter.

The penalty imposed by this section is appealable by means of any remedy provided by Section 12940 or by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2010–2024 · leading case: MacKay v. Superior Court, 188 Cal. App. 4th 1427 (Cal. Ct. App. 2010).
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MacKay v. Superior Court, 188 Cal. App. 4th 1427 (Cal. Ct. App. 2010). “” However, subdivision (b) of that section provides that “no penalty shall be imposed by the [DOI] if a person has used any rate, rating plan, or rating system that has been approved for use by the commissioner in accordance with the provisions of this chapter.”
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012). “Cal. Ins.Code §§ 1858.07(a), 1861.01(c); ASIC Mot.”
Williams v. Affinity Ins. Servs., Inc., No. 4:23-cv-06347, 2024 WL 3153214 (N.D. Cal. June 24, 2024). “See Cal. Ins. Code §§ 1858.07 (a), 24 1861.01(c).”
Cal. Insurance Code § 1858.07(a): 1 case
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012). “Cal. Ins.Code §§ 1858.07(a), 1861.01(c); ASIC Mot.”
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