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Expert Analysis

Calif. Department Of Insurance Approval Is No Silver Bullet

By Shawn Hanson and Nicholas Gregory (May 2, 2018, 11:20 AM EDT) -- On April 23, 2018, the California Supreme Court issued its opinion in Heckart v. A-1 Self-Storage Inc.,[1] holding unanimously that a self-storage company's "protection plan," in which the company indemnified its customers for up to $2,500 damage to stored goods, was not subject to regulation under the Insurance Code. In so holding, the court found that the interpretation of the California Department of Insurance — which first blessed the storage company's business model via a staff attorney opinion, but later argued that the same attorney's opinion should be disregarded — carried little weight....

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