People Ex Rel. Allstate Insurance Co. v. Dahan

Opinion

ALDRICH, J.—

INTRODUCTION

A private party who brings a qui tam 1 action for insurance fraud under Insurance Code section 1871.7, 2 where the district attorney and the Insurance Commissioner decline to intervene, is entitled to a portion of the proceeds of the action plus fees and costs. (Id., subd. (g)(2)(A).) In this case we are confronted with the novel question whether the judgment debtor defendants in such an action have standing to challenge the trial court’s postjudgment order allocating the judgment amount between the prevailing plaintiffs, i.e., the private party and the state.…