Insurance Special Fee-Shifting Statute: Consumer Interest Intervener Entitled To Fee Compensation For Upholding Amended Regulations Under Insurance Code Section 1861.10(b)

$121,848.16 Compensation Award to Intervener Upheld on Appeal.

     In a very scholarly opinion, Presiding Justice Mallano—on behalf of a 3-0 panel—upheld a $121,848.16 compensation award (including attorney’s fees) to a consumer interest intervener in an unsuccessful challenge to certain amended regulations made by insurance companies. The basis for the award was Insurance Code section 1861.10(b), with the appellate court determining that the insurance companies’ petition for a peremptory writ of mandate—seeking judicial review of the amended regulations—was a qualifying proceeding for compensation under section 1861.10(b). The case is Association of California Ins. Cos. v. Poizner, Case No. B208402 (2d Dist., Div. 1 Dec. 30, 2009) (certified for publication).

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