Prop. 213 Upheld in Clash of Rulings
A Superior Court judge in Stockton has upheld Insurance Commissioner Chuck Quackenbush’s mandatory insurance initiative, Proposition 213, in a decision that contradicts an April 4 decision by a San Francisco judge who found the measure unconstitutional.
The conflicting rulings leave the matter in limbo until it can be resolved in the appeals courts.
The initiative, approved by 78% of the electorate, bans uninsured motorists, fleeing felons and drunk drivers from suing for damages for pain and suffering in auto accidents. Consumer groups opposed the initiative.
The latest judgment, by San Joaquin County Judge Carter P. Holly, called the initiative “economic legislation” and declared, “As such, it is presumed constitutional.”
The San Francisco County ruling, by Superior Court Judge William Cahill, held that the initiative violates provisions in the U.S. Constitution calling for equal protection under the law.
Proposition 213 is a separate measure from the mandatory insurance law passed last year that mandates heavy fines and suspension of automobile registrations for uninsured drivers.
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