What Is the Anna Mcbride Act ?
Ins. Code Sections 1850 through 1861.16 comprise chapter 9 of part 2 of division 1 of the Insurance Code and set forth a comprehensive scheme for the regulation of rates and rating practices.
Prior to the passage of Proposition 103, this chapter was referred to as the McBride/Grunsky Insurance Regulatory Act or, simply, the McBride Act. Sections 1860.1 and 1860.2 were part of the McBride Act and were not amended or repealed by the passage of Proposition 103. Section 1860.1 provides:
"No act done, action taken or agreement made pursuant to the authority conferred by [Chapter 9] shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this State heretofore or hereafter enacted which does not specifically refer to insurance." SECTION 1860.2 FURTHER PROVIDES:
"The administration and enforcement of this chapter  shall be governed solely by the provisions of this chapter.
Except as provided in this chapter, no other law relating to insurance and no other provisions in this code heretofore or hereafter enacted shall apply to or be construed as supplementing or modifying the provisions of this chapter unless such other law or other provision expressly so provides and specifically refers to the sections of this chapter which it intends to supplement or modify."
Historically, these sections have been interpreted to provide exclusive original jurisdiction over issues related to ratemaking to the commissioner. (See Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal. 2d 305, 323 [70 Cal. Rptr. 849, 444 P.2d 481] ["a court is not the appropriate initial arbiter of factors involved in insurance costs"];
Karlin v. Zalta (1984) 154 Cal. App. 3d 953, 974, 983-986 [201 Cal. Rptr. 379] [dismissing claim to recoup excess premiums for failure to exhaust McBride Act administrative procedures and remedies], disapproved on other grounds in Manufacturers Life Ins. Co. v. Superior Court (1995) 10 Cal. 4th 257, 267, 270, 272, 288 [41 Cal. Rptr. 2d 220, 895 P.2d 56].)