Any finding, determination, rule, ruling or order made by the commissioner under this chapter shall be subject to review by the courts of the State and proceedings on review shall be in accordance with the provisions of the Code of Civil Procedure. In such proceedings on review, the court is authorized and directed to exercise its independent judgment on the evidence and unless the weight of the evidence supports the findings, determination, rule, ruling or order of the commissioner, the same shall be annulled.
Notwithstanding any other provision of law to the contrary, a petition for review of any such finding, determination, rule or order, may be filed at any time before the effective date thereof. No such finding, determination, rule, or order shall become effective before the expiration of 20 days after notice and a copy thereof are mailed or delivered to the person affected, and any finding, determination, rule, or order of the commissioner so submitted for review shall not become effective for a further period of 15 days after the petition for review is filed with the court. The court may stay the effectiveness thereof for a longer period.
Notes of Decisions
20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994).
· cites it 6× “Insurance Code section 1861.09, which also was added by the initiative, provides for judicial review of the commissioner's decisions relative thereto.”
King v. Meese, 743 P.2d 889 (Cal. 1987).
· cites it 4× “(Ins. Code, § 1858.6.) Should the Commissioner make a determination that the rates are excessive or are not excessive, then the complainant, on request, is entitled to know the basis of such determination.”
MacKay v. Superior Court, 188 Cal. App. 4th 1427 (Cal. Ct. App. 2010).
· cites it 2× “” (Ins. Code, § 1858.6.) In short, article 10 of chapter 9 of part 2 of division 1 of the Insurance Code provides that all rates must be approved by the commissioner prior to use, and provides a system for a consumer to seek a hearing prior to approval and judicial review of the…”
State Farm Mut. Auto. Ins. v. Quackenbush, 91 Cal. Rptr. 2d 381 (Cal. Ct. App. 1999).
· cites it 2× “” Insurance Code section 1858.6 provides that in proceedings to review an administrative decision by the Commissioner, the trial court “is authorized and directed to exercise its independent judgment on the evidence and unless the weight of the evidence supports the findings,…”
Brazina v. Paul Revere Life Ins., 271 F. Supp. 2d 1163 (N.D. Cal. 2003).
· cites it 2× “10 Cal. Ins.Code § 1858.6. Noting that California courts are ordinarily unable to review an action that is not final, the court found that the “permissive” language of the provision created “an opportunity for review” of such actions.”
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015).
“” Cal. Ins.Code § 1858.6. 2. Challenges to Approved Rates Are Within Exclusive Jurisdiction of DOI Section 1860,1 of the California Insurance Code states that “[n]o act done .”
Wilson v. Fair Emp. & Hous. Comm'n, 46 Cal. App. 4th 1213 (Cal. Ct. App. 1996).
· cites it 2× “Insurance Code section 1860.1 provides: "No act done, action taken or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this State heretofore or hereafter…”
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