Insurance, Department of

We defend California insurance agents and brokers in license defense matters before the Department of Insurance (DOI or CDI).  We have over 20 years of administrative law and license defense experience and handle:

• Department of Insurance Investigations
• License Denials by Statement of Issues
• Accusations
• Administrative Hearings before the Office of Administrative Hearings (OAH) 
• Appeals to the Superior Court by Petition for Writ of Mandate (Mandamus)
• Appeals to the Court of Appeal
• Petitions for Reinstatement

Most professional licenses in California are governed by the Business and Professions Code, but disciplinary actions against insurance agents and brokers are governed by the Insurance Code.  Insurance Code sections 1738 and 1668 authorize discipline based on some ambiguous and subjective grounds, such as:

• "granting of the license will be against the public interest;" (Ins. Code, § 1668 (b).) 
• "lack "of good business reputation;" (Ins. Code, § 1668 (d).)
• "lacking in integrity;" (Ins. Code, § 1668 (e).)

The constitutionality of license denial, suspension or revocation based on these grounds should be questioned.  Another questionable practice is summary license revocation or denial without a hearing under Insurance Code sections 1738 and 1669.  We have successfully challenged summary license revocation based on felony convictions for driving under the influence of alcohol in Superior Court on the grounds that license revocation without an administrative hearing violates due process.  We have filed suit against the Department of Insurance by petition for writ of mandate challenging summary license revocation and prevailed.

Important: Licensed insurance agents and brokers must report all criminal convictions (misdemeanors and felonies), felony charges, administrative actions and certain civil and bankruptcy matters within 30 days.  (See California Insurance Code section 1729.2.)

If you hear from a Department of Insurance investigator, or you receive an Accusation by mail, contact us as soon as possible to speak with a California Department of Insurance License Defense Attorney.