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 § 1861.09 (2026)

[Reduction and Control of Insurance Rates]

✓ current as of May 2026
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Judicial review shall be in accordance with Section 1858.6. For purposes of judicial review, a decision to hold a hearing is not a final order or decision; however, a decision not to hold a hearing is final.

Notes of Decisions
Cited in 3 cases, 2010–2015 · 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). “(Ins. Code, § 1861.09.) *1441 After a rate has been approved by the commissioner, it is still possible for an insured to challenge it.”
King v. Nat'l Gen. Ins., 129 F. Supp. 3d 925 (N.D. Cal. 2015). ““The Insurance Code provides specific administrative remedies which may be pursued in order to challenge a rate as illegal, even after the rate has been approved,” namely, an aggrieved person can file a written complaint with the DOI requesting the Insurance Commissioner ‘…”
Mercury Ins. Co. v. Jones CA2/5 (Cal. Ct. App. 2013). “) Insurance Code section 1861.09 provides in this regard that “for purposes of judicial review, a decision to hold a hearing is not a final order or decision .”
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