The Ninth Circuit yesterday asked for the Supreme Court’s help in deciding an issue of California insurance law.  The federal appellate court posed this question in Allied Premier Insurance v. United Financial Casualty Company (Ninth Circuit order here; Supreme Court docket here):

Under California’s Motor Carriers of Property Permit Act, Cal. Veh. Code §§ 34600 et seq., does a commercial automobile insurance policy continue in full force and effect until the insurer cancels the corresponding Certificate of Insurance on file with the California Department of Motor Vehicles, regardless of the insurance policy’s stated expiration date? [Link added.]

The Ninth Circuit says the question is one of first impression because “it is unclear” if a Supreme Court interpretation of since-superseded statutes — “that a commercial driver’s insurance policy remains in effect until the insurer provides notice to the relevant agency that the policy will be canceled — survives” statutory changes.

This is the first Ninth Circuit request to the Supreme Court since one in December, which was the only ask of 2020.

The Supreme Court should let the Ninth Circuit know by the end of May — give or take — whether it will answer the question in Allied Premier.  It probably will.


Rule 8.548

Asked and answered:  California Supreme Court responses to Ninth Circuit questions

The constitutionality of the Supreme Court answering the Ninth Circuit’s legal questions

Ask not what the Supreme Court can do for the Ninth Circuit