State: 
California
Year: 
2011
Case Number: 
B239943
Court: 
Court of Appeal of the State of California, Second Appellate District, Division One
Issue: 
Regulatory Authority
Underinsurance
Agent Duty
Home Replacement Cost Estimating

UP filed a brief with the California Court of Appeal in Association of California Insurance Companies v. Jones addressing the legality of regulations put forth by the California Department of Insurance to compel sellers of home insurance to properly estimate home replacement values when initiating or renewing a homeowners insurance policy.  California's Insurance Department had conducted lengthy formal public hearings (of which UP was part) prior to the issuance and adoption of the new rules. UP’s brief pointed out that the Insurance Commissioner’s powers are not limited to those expressly conferred by the relevant statutes, but that they also include “such additional powers as are necessary for the due and efficient administration of powers expressly granted by statute, or as may fairly be implied from the statute granting power”. The proposed rules fall within that category. 

Author: 
This brief was written pro bono by Ivo Labar of Kerr Wagstaffe, LLP and Exec. Dir. Amy Bach.