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BTLG Table of Contents > Tax on Insurers Annotations > Retaliatory Tax—Alien Insurer, California Constitution

Tax on Insurers Annotations

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Retaliatory Tax—Alien Insurer, California Constitution

Under the specific provisions of Section 28(f)(3) of Article XIII of the California Constitution and Insurance Code section 685.2, the domicile of an alien insurer, other than insurers formed under the laws of Canada, is the state in which its principal place of business is located. To determine otherwise, would directly contravene these specific provisions of the California Constitution and Insurance Code and would require a finding that they are unconstitutional. The Board has no power to declare a statute or the California Constitution itself to be unconstitutional. 6/8/90. (Am. 2003–3).