Amicus Library

Publication threatens to undermine the enforcement of California’s insurance licensing laws in two ways: 1) purchasing unlicensed insurance does not constitute “injury fact” a necessary perquisite for standing for private plaintiffs to bring a lawsuit under Business and Professions Code section 17200. This would, in fact, abrogate the “unlawful” prong of (2 decision suggests in dictum that only rescission, not restitution is available as a remedy which means that unlicensed insurers will be able to use Medina to argue that they should be able to keep most of their illegally obtained premium revenue.