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Proposition 103

December 28, 1988

Your article by Kenneth Reich was very good. It stimulated thought about a possible approach our Supreme Court might consider in its handling of this matter.

Since the passage of 103, there has been much heated talk of constitutionality and the effect of the possible implementation of the rate rollbacks. I have seen nothing by way of development of factual information relative to such rollbacks. My experience over many years in court has been that decisions should be based on factual knowledge that was as complete as the court felt was necessary to resolve whatever problem was before it.

I suggest that it would be productive for the court to appoint a fact-finding commission to delve into the economic elements of the insurance situation in California. From what I read in your article, all the court has so far received in the documents filed is argument. Furthermore, everything that our insurance commissioner has said for publication is the expression of opinion. The bombast from members of the Legislature isn't even opinion; it is grandstanding.

JOHN H. BARRETT

Encinitas

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