Big Insurance Company Wants To Rewrite Law They've Been Breaking

Posted on 08 February 2010

By Robert Cruickshank

There may be no better illustration of how corrupt our politics have become than the efforts of the Mercury Insurance Group to change a landmark consumer protection law that they are apparently violating on a regular basis. In 1988, California voters passed Proposition 103, a sweeping reform of the state's auto insurance industry. 22 years later, as insurance companies have become one of the nation's most reviled villains thanks to the murderous practices of health insurers, Mercury has put Proposition 17 on the ballot, which would raise auto insurance rates for many Californians.

Several years ago Mercury Insurance wanted to raise rates on customers who had a lapse in their insurance coverage. In 2005 California courts prevented this from happening. In Nevada, rates increased by 73% on customers with even a day's lapse in coverage. Mercury wants to do this here in California, and authored Prop 17 to change Prop 103 to allow it.

But as the San Francisco Chronicle reports, Mercury may have been violating other parts of Prop 103 all along:

A high-profile California insurance company that is backing a controversial insurance measure on the June ballot has engaged in practices that may be illegal, including deceptive pricing and discrimination against consumers such as active members of the military and drivers of emergency vehicles, according to a state report obtained by The Chronicle.

The report, obtained through the state Public Records Act, alleges that Mercury Insurance Group may have violated Proposition 103, the landmark consumer protection law approved by voters in 1988. The measure limited the cost of policies and made civil rights and antitrust laws apply to the insurance industry.

The report referenced in the article shows that Mercury is the embodiment of the "evil insurance company" trope that has been so widely discussed in recent years. They're charging higher rates in violation of the law until they get caught and slapped on the wrist by Steve Poizner, the state's Insurance Commissioner and wannabe governor.

And what does Mercury do with those ill-gotten gains? Turn around and spend it on getting Prop 17 on the ballot and approved in order to legalize some of their most odious and destructive practices.

Mercury and Prop 17 are just one way in which the June election will be a battle over corporate power. Prop 16 is another effort by a large corporation, PG&E, to change laws and undo democratic rights that have obstructed their pursuit of limitless profits. And Prop 15 offers a chance to fight back by creating a publicly funded election for the Secretary of State races in 2014 and 2018 as a proof of concept to show that clean money can work in California - and that it is desperately needed.

Learn more about Mercury Insurance and Prop 17 at Stop the Surcharge.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Robert Cruickshank is a historian, activist, and teacher living in Monterey. He is a contributing editor at Calitics.com and works for the Courage Campaign, in addition to teaching political science at Monterey Peninsula College. Currently he is completing his Ph.D. dissertation in US history, on progressive politics in San Francisco in the 1960s and 1970s. This article was originally published in Calitics.

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