What is the definition of an "underwriting rule"?

California, United States of America


The following excerpt is from MacKay v. Superior Court, 10 Cal. Daily Op. Serv. 12, 914, 115 Cal.Rptr.3d 893, 188 Cal.App.4th 1427 (Cal. App. 2010):

7 In Smith v. State Farm Mutual Automobile Ins. Co. (2001) 93 Cal.App.4th 700, 113 Cal.Rptr.2d 399, we considered the meaning of "underwriting rule" for the purpose of Insurance Code section 1858, which provides an administrative remedy for any person "aggrieved by any rate charged, rating plan, rating system, or underwriting rule" followed or adopted by an insurer. We concluded that an underwriting rule "is properly characterized as a rule followed or adopted by an insurer ... which either (1) limits the conditions under which a policy will be issued or (2) impacts the rates that will be charged for that policy." ( Smith v. State Farm Mutual Automobile Ins. Co., supra, 93 Cal.App.4th at p. 726, 113 Cal.Rptr.2d 399.) Our discussion is not inconsistent with this definition.

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