Restitution and damages case 565
April 17th, 2012 
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M&F Fishing, Inc. v Sea-Pac Ins. Managers, Inc. 202 Cal.App.4th 1509 (4/1) M&F purchase marine insurance through Sea-Pac, most of which through nonadmitted carriers (common in marine insurance). San-Diego-Auto-Accident-lawyer Broker lacked required surplus lines’ license Ins C 1760.5. One of carriers became insolvent. M&F sued for restitution and damages B&PC § 17200, judgment > $5M, reversed. [1] Error to give restitution for placing insurance with admitted carriers as broker was properly licensed; separate ad distinct unlawful acts do not authorize restitution for related lawful ones. [2] No monetary injury for placing with nonadmitted carriers where polices in fact placed. No showing of “inherent risk” with such carriers. Premiums were not kept by brokers but conveyed to carriers, so no injury. [3] M&F may be entitled to refund of brokers’ fees where disclosure requirements not met Ins C § San Diego personal injury attorney