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FACTSHEET

INTERVENE IN LAWSUITS, DEPARTMENT OF INSURANCE HEARINGS.

You can intervene in all insurance matters before the California Department of Insurance and the courts.

Proposition 103 bestowed upon the public broad legal rights in order to encourage public participation in insurance matters.

These rights include the right to challenge the rates or practices of an insurance company or the Insurance Commissioner in a court of law or before the California Department of Insurance (see section CHALLENGING INSURANCE COMPANIES' RATES OR PRACTICES). It also made all state laws apply to the insurance industry for the first time, enabling consumers to sue insurance companies (see section VIOLATION OF YOUR RIGHTS).

In addition to initiating legal action, consumers have the right to intervene in legal proceedings begun by others.

Text of Proposition 103 as enacted by the voters:

Consumer Participation
1861.10. (a) Any person may initiate or intervene in any proceeding permitted or established pursuant to this chapter, challenge any action of the commissioner under this article, and enforce any provision of this article.

Law as subsequently amended by legislature (changes from voter approved law in bold):

NONE.

Status of Provision:

In effect.

Source Documents:

NONE.

Relevant Legal Materials:

Read the current California Department of Insurance regulations (current as of 2/3/03) which explain the process for intervening in agency matters, and how to qualify for compensation of your legal expenses.

Read a detailed legal analysis explaining the broad legal right of the public to participate in the regulatory process and to challenge in court the conduct of an insurance company.

Other:

See the discussion of the prior approval process ("lower rates") for a description of the rate regulation system under Proposition 103.

Also, see the discussion of 1861.03(a), which applies all state laws to the insurance industry.

Also see the discussion of 1861.10(b), which allows reimbursement of attorneys fees and expenses in certain circumstances.
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Updated 2/4/03



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