Yesterday, the Supreme Court granted review in Fairbanks v. Superior Court (Farmers New World Life Ins. Co.), no. S157001. In Fairbanks, the Court of Appeal held that insurance was neither a "good" nor a "service" within the meaning of the CLRA, effectively exempting insurers from CLRA coverage. Fairbanks v. Superior Court, 154 Cal.App.4th 435 (2007) (Second Appellate District, Division Three). My original post on Fairbanks is here.
When the Supreme Court's summary of the issues presented on review is available, I will update this post. Meanwhile, here is a copy of the amicus letter of the Foundation for Taxpayer and Consumer Rights in support of review.
Gross over simplification, but how could the court write that insurance was not a good or service because it was a contract of indemnity, and then say a warranty is a service?
Posted by: blackwatch | Tuesday, November 20, 2007 at 07:36 PM