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P&CCaliforniamedium

An intervenor under Ins. Code § 1861.10 files testimony in a CDI homeowners-rate hearing that persuades the Commissioner to reduce the filed rate increase from 14% to 8%. The intervenor seeks reimbursement of advocacy and witness costs. Who pays the awarded fees?

AThe CDI from its general fund
BThe intervenor — fees are not recoverable, only the rate change matters
The filing insurer pays the reasonable advocacy and witness fees
DThe California Insurance Guarantee Association

Why this is the answer

Ins. Code § 1861.10(b) directs the Commissioner to award reasonable advocacy and witness fees to a consumer-representative intervenor who has made a substantial contribution to the agency's order. Those fees are paid by the filing insurer whose proceeding the intervenor participated in — not by the CDI or by the State General Fund. Successfully reducing a filed rate increase is the paradigm 'substantial contribution.' The award is processed under 10 CCR §§ 2662.1-2662.6, which set rate caps and procedural deadlines for the fee application. See Ins. Code § 1861.10.

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