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auto insurance credit scoring

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I noticed my car insurance co pulled a hard inq. despite a complete ban in California on using credit history to determine auto rates. I called the Dept. of Insurance today and the rep assured me that this was not legal. Digging through my paperwork it shows that they used Choicepoint a division of EQ. I checked out Choicepoint's site this eve and it seems they would have in fact used my credit history to determine my rate.

Has anyone in California had a similar experience when applying/shopping for auto insurance?

Suing your insurance company....hmmm good or bad idea?

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