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California Insurance Code Section 105

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Surety insurance includes:
   (a) The guaranteeing of behavior of persons and the guaranteeing
of performance of contracts (including executing or guaranteeing
bonds and undertakings required or permitted in all actions or
proceedings or by law allowed), other than insurance policies and
other than for payments secured by a mortgage, deed of trust, or
other instrument constituting a lien or charge on real estate.
   (b) Insurance against loss resulting from the forgery or
alteration of any instrument of any kind or character or of any
signature thereon.  Nothing in this section shall be deemed to limit
any of the powers of title insurers.
   (c) Any of the following insurance when included as a part of
contract containing any such guarantee of behavior or performance or
in a contract indemnifying any bank, banker, broker, financial or
moneyed corporation or association, any state, political subdivision,
public or municipal corporation, or any officer of any state,
political subdivision, public or municipal corporation:  Insurance
indemnifying the insured named therein against loss or destruction
from any cause of any evidences of debt of any kind or character,
evidences of ownership of any kind or character, deeds, mortgages,
warehouse receipts, bills of lading, certificates of stock, bonds,
notes, drafts, checks, instruments of similar character, stamps,
documents, money, precious metals of any kind or character, refined
or unrefined, and articles made therefrom, jewelry, watches,
necklaces, bracelets, gems and precious and semiprecious stones, and
also against loss or damage, except by fire, to the insured's
premises, furnishings, fixtures, equipment, safes  and vaults therein
caused by burglary, robbery, holdup, theft or larceny or attempt
thereat.  No such insurance indemnifying against loss of any property
as specified herein shall indemnify against loss of any such
property occurring while in the mail or in the exclusive custody or
possession of a common carrier for the purpose of transportation,
except for the purpose of transportation by an armored motor vehicle.

   (d) No insurance may be written as surety insurance if it falls
within the definition of financial guaranty insurance as set forth in
Section 12100.

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Last modified: July 31, 2008