EstatePass
PLCaliforniahard

A California auto insurer files a rate application seeking a 9% increase, attaches a variance request to deviate from the standard generic determination of investment income under 10 CCR § 2644.20, and is met with an intervenor petition. Under Cal. Ins. Code §§ 1861.05 and 1861.10 and CDI rate-application regulations, which is the MOST accurate description of what happens next?

ABecause the requested increase is below the 10% threshold, the Commissioner is required to approve the filed rate automatically and without convening any hearing or allowing any intervention whatsoever
BVariance requests from the standard generic determinations are categorically prohibited under the rate regulations, so the insurer must withdraw the entire filing and refile it without any deviation
COnly the Attorney General, and no private consumer group or qualified intervenor, has authority under Prop 103 to challenge or contest an insurer's variance request anywhere on the record
A hearing is presumptively triggered for a 7%-or-more auto rate change on a timely petition, the variance is analyzed under the regulations, and an intervenor may seek § 1861.10 fees

Why this is the answer

California Code of Regulations Title 10 § 2646.4 establishes that auto rate changes of 7% or more (and homeowners changes of 15% or more) trigger a mandatory hearing if a timely consumer petition is filed under § 1861.05. Variance requests are explicitly anticipated by CDI's rate-application regulations (10 CCR §§ 2644.27 and 2645) and are analyzed on the record — they are not prohibited. Any person may petition to participate as an intervenor under § 1861.10 and, if their participation 'substantially contributes' to a Commissioner decision, may recover reasonable fees from the insurer. The 10% threshold in option (a) is wrong, variance prohibition (b) is contrary to the regulations, and (c) ignores the public-participation design of Prop 103.

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