Medina v. Safe-Guard Products International, Inc.
Year 2007
Court California Court of Appeal, 4th District, Division 3
Case Number G038816
  • Letter Brief Request for Depublication; B & P17200 case dealing with Unlicensed Insurers.
  • California

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.