California Court of Appeal

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M & F Fishing, Inc. v. Sea-Pac Insurance Managers, Inc., D056098

In an action by owners and operators of commercial fishing companies alleging violations of the Unfair Competition Law predicated on violations of the Insurance Code, the judgment in favor of the plaintiffs is reversed and the matter is remanded, where: 1) the plaintiffs were not entitled to restitution for insurance lawfully placed from admitted carriers; 2) the plaintiffs were not entitled to restitution of premiums paid for nonadmitted coverage; 3) the plaintiffs were barred from recovering restitution of any broker fees based on a violation of Insurance Code section 1764.1 occurring more than four years before they filed suit; 4) the trial court should have granted one defendant's motion for nonsuit for lack of an agency relationship; 5) the trial court properly exercised its discretion when it denied the plaintiffs' motions to amend to add additional parties; and 6) the plaintiffs' entitlement to prejudgment interest was subject to the discretion of the trial court.

Appellate Information

  • Decided 01/30/2012
  • Published 01/30/2012


  • Benke


  • California Court of Appeal


  • For Appellant:
  • Sheppard, Mullin, Richter & Hampton, Webb & Carey