How have real parties in interest argued that insurance code section 790.03 is not enforceable under the Insurance Code?

Contentions comparable to those advanced by real parties in interest were made in Greenberg v. Equitable Life Assur. Society, 34 Cal.App.3d 944, 110 Cal.Rptr. 470, where respondents argued that: '. . . enforcement of Insurance Code section 790.03 is vested exclusively in the Insurance Commissioner so that a private litigant may not bring an action based upon a violation of the section; and (3) appellant failed to exhaust his administrative remedies before the Insurance Commissioner.' (At p. 1000, 110 Cal.Rptr. at p. 475.)