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The initiative limits the rating factors which can be used in establishing automobile insurance rates. The enumerated permissible factors “in decreasing order of importance” are driving safety record, number of miles driven annually, and “such other factors as the Commissioner may adopt by regulation.”

During the course of extended implementation hearings it became obvious that the phrase, “such other factors,” would not be interpreted by the Commissioner to include recognition or acceptance of territorial rating. Instead, it appears that insurers may be permitted to use a surrogate: traffic density. But even if such a substitution is permissible, and even if a reliable data base is found which provides a reasonable degree of credible support for its use, the question remains, does traffic density by itself measure the risk of loss adequately? And what of the usual SR22 insurance quotes?  Isn’t there something unique about geography or demography which may lead to differing loss costs between territories even though the degree of traffic congestion found in each is relatively identical?

Merely because voters enact an initiative does not assure that they can also repeal the laws of economics. It is certainly rational to expect that if the limited classifications of car insurance instant quote produce inadequate or skewed rates for an identified class or geographic area, that class or area will eventually experience a decline in the availability of the insurance product.