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VPS Management Inc. v. Pacific Rim Assurance Co.3/17/1999
ons would have been necessary. Since the legislature thereby demonstrated that it was aware of the need to create an exemption, and did not do so for other classes of insurance, the UIPA did not displace existing rights and remedies for unlawful business practices in the insurance industry, among them the Cartwright Act." (Id. at p. 267, emphasis added.)
The Legislature has provided a comprehensive scheme relating to loss reporting, including opportunities for administrative review and correction. Section 11758 restricts the bases for civil proceedings for acts or actions undertaken pursuant to Article 3 to laws specifically referring to insurance. VPS was, therefore, precluded from seeking damages for alleged wrongs grounded in Pacific's alleged statutory/regulatory violations.
DISPOSITION
The judgment is affirmed. The parties are to bear their own costs on appeal.
We concur:
SPENCER, P.J.
MASTERSON, J.
CERTIFIED FOR PUBLICATION
ORDER CERTIFYING OPINION FOR PUBLICATION and MODIFYING OPINION
THE COURT:
We are in receipt of a letter dated April 7, 1999, from Heywood G. Friedman, counsel for Defendant and Respondent, requesting publication of our nonpublished opinion in the above case filed March 17, 1999.
We are also in receipt of letters, dated April 7, 1999, from Sonnenschein Nath & Rosenthal by Paul E.B. Glad, counsel for National Association of Independent Insurers and California Workers' Compensation Institute; April 5, 1999, from Association of California Insurance Companies by its president, Barry Carmody; and April 6, 1999, from Hancock Rothert & Bunshoft by Ray L. Wong, Vipal J. Patel and Rachel L. Sagan, counsel for Republic Indemnity Company of America, requesting publication of the opinion, although not representing any parties to the appeal.
All four requests for publication having been considered, and Good Cause Appearing, the opinion meets the standards for publication under California Rules of Court, rule 976, subdivision (b)(l) and (3),
IT IS HEREBY ORDERED that the opinion in the above entitled case be published in the official reports.
IT IS FURTHER ORDERED that the opinion filed herein on March 17, 1999, be modified in the following particulars:
On page 2, at the end of the first paragraph and before BACKGROUND, add the following sentence:
We hold that the wrongs alleged by VPS related to rate making and that the remedies available to VPS are limited to those contemplated in section 11750 et sequitur of the Insurance Code and related administrative regulations.
This modification does not have an effect on the judgment.
SPENCER, P. J.
ORTEGA, J.
MASTERSON, J.
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