(a)Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization, may file a written complaint with the commissioner requesting that the commissioner review the manner in which the rate, plan, system, or rule has been applied with respect to the insurance afforded to that person. In addition, the aggrieved person may file a written request for a public hearing before the commissioner, specifying the grounds relied upon.
(b)The commissioner shall advise the insurer or rating organization that a complaint has been filed against it and the nature of the complaint and provide the insurer or rating organization with an opportunity to respond to the complaint.
(c)If the commissioner has information concerning a similar complaint, he or she may deny the request for a public hearing until a determination is made or a public hearing is held on the similar complaint or may consolidate similar complaints for determination or public hearing. If he or she believes, after review and investigation of the facts alleged in the complaint and the facts alleged in any response to the complaint, that probable cause for the complaint does not exist or that the complaint is not made in good faith, he or she shall so advise the complainant and shall deny any request made for a public hearing. If he or she believes, after review and investigation of the facts alleged in the complaint and the facts alleged in any response to the complaint, that probable cause for the complaint does exist, that the complaint charges a violation of this chapter, and that the complainant would be aggrieved if the violation is proven, he or she shall proceed as provided in Section 1858.1 unless the complaint was accompanied by a request for public hearing, in which case he or she shall proceed as provided in Section 1858.2.
(d)Nothing in this section prohibits or limits the right of any aggrieved person, either prior to or in conjunction with the filing of a written complaint with the commissioner under this section, from requesting an insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to the insurance afforded to that person.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1979–2024 · leading case:
King v. Meese, 743 P.2d 889 (Cal. 1987).
King v. Meese, 743 P.2d 889 (Cal. 1987).
· cites it 4× “(Ins. Code, § 1858.) The Commissioner may, at his option, dismiss the complaint without investigation.”
Wilson v. Fair Emp. & Hous. Comm'n, 46 Cal. App. 4th 1213 (Cal. Ct. App. 1996).
· cites it 10× “may file a written complaint with the commissioner requesting that the commissioner review the manner in which the rate, plan, system, or rule has been applied with respect to the insurance afforded to that person.”
MacKay v. Superior Court, 188 Cal. App. 4th 1427 (Cal. Ct. App. 2010).
· cites it 2× “” (Ins. Code, § 1858, subd. (a).) If, after a hearing, the commissioner finds a violation, the commissioner shall order that the insurer discontinue the violating practice, and may also order necessary and proper corrective action.”
20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994).
· cites it 2× “That is to say, it applies the independent-judgment-on-the-evidence standard of review to various decisions by the Insurance Commissioner on the rates of individual insurers and related matters specifically, "any rate charged, rating plan, rating system, or underwriting rule…”
Wilkinson v. Norcal Mut. Ins., 98 Cal. App. 3d 307 (Cal. Ct. App. 1979).
· cites it 2× “Loeb, and I was advised by him that any further action by the Department of Insurance either under Insurance Code § 1858 or § 11587 would not benefit the Plaintiff, Dr.”
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012).
“Code § 1861.05(a)). Members of the public can challenge rates both before and after approval in administrative proceedings from which judicial review is available.”
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015).
“” Cal. Ins.Code § 1858(a). “If, after a hearing, the commissioner finds a violation, the commissioner shall order that the insurer discontinue the violating practice, and may also order necessary and proper corrective action.”
Kurshan v. Safeco Ins. Co. of Am., 653 F. Supp. 3d 749 (E.D. Cal. 2023).
“13 2022) (citing Cal. Ins. Code §§ 1858 , 1858.6.) 14 Pursuant to the California Insurance Code, no “action taken .”
Day v. GEICO Cas. Co., 580 F. Supp. 3d 830 (N.D. Cal. 2022).
“See Cal. Ins. Code §§ 1858 , 1858.6. 24 Section 1860.”
Cal. Insurance Code § 1858(a): 1 case
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015).
“” Cal. Ins.Code § 1858(a). “If, after a hearing, the commissioner finds a violation, the commissioner shall order that the insurer discontinue the violating practice, and may also order necessary and proper corrective action.”
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