WILLIAMS v. NATIONAL WESTERN LIFE INSURANCE COMPANY (2021)

The petition for review is granted. The matter is transferred to the Court of Appeal, Third Appellate District, with directions to vacate its decision and reconsider its finding that Pantaleoni did not have an agency relationship with National Western Life Insurance Company in light of Insurance Code sections 32, 101, 1662, 1704 and 1704.5 and O'Riordan v. Federal Kemper Life Assurance Company (2005) 36 Cal.4th 281, 288, 30 Cal.Rptr.3d 507, 114 P.3d 753. (See also Ins. Code, §§ 31 [“ ‘Insurance agent’ means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company” (emphasis added)], 33 [“ ‘Insurance broker’ means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer” (emphasis added)].) (Cal. Rules of Court, rule 8.528(d).) The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed June 11, 2021, which appears at 65 Cal.App.5th 436, 279 Cal.Rptr.3d 620. (Cal. Const., art. VI, § 14; Cal. Rules of Court, rule 8.1125(c)(2).) (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; California Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 3.)

Votes: Cantil-Sakauye, C. J., Corrigan, Cuéllar, Kruger, and Jenkins, JJ.