• Kirk Hartley

Insurance Companies, Rate Setting and the 1st Amendment

How far can go the 1st Amendment be taken? According to some insurance companies, they have a 1st Amendment right to charge rates that reimburse them for any level of expense they decide to incur. For example, buying luxury boxes or paying to play golf with Tiger Woods. A California trial judge recently rejected the insurer argument in a ruling arising from a California rate setting statute. The story is covered by a January 31, 2015 post at Chip Merlin’s blog, with links to the ruling and related documents.

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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