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 10. [Reduction and Control of Insurance Rates]
California Codes

Cal. Insurance Code § 1861.01 (2026)

✓ current as of May 2026
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Insurance Rate Rollback. (a)For any coverage for a policy for automobile and any other form of insurance subject to this chapter issued or renewed on or after November 8, 1988, every insurer shall reduce its charges to levels which are at least 20% less than the charges for the same coverage which were in effect on November 8, 1987.

(b)Between November 8, 1988, and November 8, 1989, rates and premiums reduced pursuant to subdivision (a) may be only increased if the commissioner finds, after a hearing, that an insurer is substantially threatened with insolvency.

(c)Commencing November 8, 1989, insurance rates subject to this chapter must be approved by the commissioner prior to their use.

(d)For those who apply for an automobile insurance policy for the first time on or after November 8, 1988, the rate shall be 20% less than the rate which was in effect on November 8, 1987, for similarly situated risks.

(e)Any separate affiliate of an insurer, established on or after November 8, 1987, shall be subject to the provisions of this section and shall reduce its charges to levels which are at least 20% less than the insurer’s charges in effect on that date.

Notes of Decisions
Cited in 24 cases (6 in the last 5 years), 1991–2025 · leading case: 20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994).
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20th Century Ins. v. Garamendi, 878 P.2d 566 (Cal. 1994). · cites it 12× “Insurance Code section 12900. This provision makes the Insurance Commissioner an elected official.”
MacKay v. Superior Court, 188 Cal. App. 4th 1427 (Cal. Ct. App. 2010). · cites it 3× “” 12 (Ins. Code, § 1861.01, subd. (c).) A procedure - was established whereby (1) an insurer who desires to change a rate files a rate plan application with the commissioner (Ins.”
State Farm Mut. Auto. Ins. v. Quackenbush, 99 Cal. Daily Op. Serv. 10005 (Cal. Ct. App. 1999). · cites it 3× “This appeal arises from administrative proceedings to determine whether the State Farm insurance companies (collectively, State Farm) will be required to roll back their 1989 premium rates under Proposition 103 (Ins. Code, § 1861.01 et seq.). Insurance Commissioner Charles…”
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012). “57 at 12; see also Cal. Ins.Code § 1861.01(c). The insurance code bars the commissioner from approv *1082 ing rates that are “excessive, inadequate, unfairly discriminatory, or otherwise in violation of this chapter.”
Proposition 103 Enf't Proj. v. Quackenbush, 76 Cal. Rptr. 2d 342 (Cal. Ct. App. 1998). “2 does not amend or “affect” Insurance Code section 1861.01. We disagree.”
Leghorn v. Wells Fargo Bank, N.A., 950 F. Supp. 2d 1093 (N.D. Cal. 2013). “See Cal. Ins.Code § 1861.01(c). “No rate shall be approved or remain in effect which is excessive, inadequate, unfairly discriminatory or otherwise in violation of this chapter.”
Fireman's Fund Ins. Companies v. Quackenbush, 97 Cal. Daily Op. Serv. 828 (Cal. Ct. App. 1997). · cites it 3× “Defendant and appellant Charles Quackenbush, as Insurance Commissioner of the State of California (the Commissioner), appeals an order directing him to set aside his prehearing decision concerning admission of evidence in the Proposition 103 (Ins. Code, § 1861.01 et seq.) rate…”
Found. for Taxpayer & Consum. Rights v. Garamendi, 2005 Cal. Daily Op. Serv. 8653 (Cal. Ct. App. 2005). “(Ins. Code, § 1861.01 et seq.; Stats. 1988, p.”
Adhav v. Midway Rent A Car, Inc., 249 Cal. Rptr. 3d 859 (Cal. Ct. App. 5th 2019). “Insurance Code section 1861.01's rate approval requirements govern the actions of insurers and their general agents.”
Duncan v. Dep't of Pers. Admin., 15 I.E.R. Cas. (BNA) 1753 (Cal. Ct. App. 2000). “918689, 947565), a group of insurers *1171 alleged that the DOI had improperly used fees collected under Proposition 103 (Ins. Code, § 1861.01 et seq.) for purposes unrelated to that proposition.”
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015). “See also Cal.Ins.Code § 1861.01(c) (“[I]nsurance rates subject to this chapter must be approved by the commissioner prior to their use.”
Sanford v. Garamendi, 91 Cal. Daily Op. Serv. 7010 (Cal. Ct. App. 1991). “(Ins. Code, § 1861.01, subd. (a).) The initiative also prohibits insurers, subject to limited exceptions, from cancelling or refusing to renew automobile insurance policies.”
Show all 24 citing cases →
— Cal. Insurance Code § 1861.01(c) — 4 cases
Ellsworth v. U.S. Bank, N.A., 908 F. Supp. 2d 1063 (N.D. Cal. 2012). “57 at 12; see also Cal. Ins.Code § 1861.01(c). The insurance code bars the commissioner from approv *1082 ing rates that are “excessive, inadequate, unfairly discriminatory, or otherwise in violation of this chapter.”
Leghorn v. Wells Fargo Bank, N.A., 950 F. Supp. 2d 1093 (N.D. Cal. 2013). “See Cal. Ins.Code § 1861.01(c). “No rate shall be approved or remain in effect which is excessive, inadequate, unfairly discriminatory or otherwise in violation of this chapter.”
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015). “See also Cal.Ins.Code § 1861.01(c) (“[I]nsurance rates subject to this chapter must be approved by the commissioner prior to their use.”
Elgindy v. AGA Serv. Co. (N.D. Cal. 2021).
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