onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Insurance Code Section 1724.5

Legal Research Home > California Laws > Insurance Code > California Insurance Code Section 1724.5

1724.5.  Every individual and organization licensee and every
applicant for such a license shall file with the commissioner in
writing the true name of the individual or organization and also all
fictitious names under which he conducts or intends to conduct his
business and after licensing shall file with the commissioner any
change in or discontinuance of such names. The commissioner may in
writing disapprove the use of any true or fictitious name (other than
the bona fide natural name of an individual) by any licensee on any
of the following grounds:
   (a) Such name is an interference with or is too similar to a name
already filed and in use by another licensee;
   (b) The use of the name may mislead the public in any respect;
   (c) The name states, infers or implies that the licensee is an
insurer, motor club, hospital service plan or entitled to engage in
insurance activities not permitted under licenses held or applied
for;
   (d) The name states or implies that the licensee is an
underwriter. This subdivision shall not prevent a natural person who
is a life licensee from describing himself as an "underwriter" or
from using the designation "Chartered Life Underwriter" if entitled
thereto nor shall it prevent a natural person who is a fire and
casualty licensee from using the designation "Chartered Property and
Casualty Underwriter" if entitled thereto nor a producers trade
association each member of which is also separately licensed from
having a name containing the word underwriter; or
   (e) The licensee has already filed and not discontinued the use of
more than two names including the true name. This subdivision shall
not prevent a licensee who has lawfully purchased or succeeded to the
business or businesses of other licensees from using for each such
business not more than two additional names, true or fictitious,
consisting of names used by his predecessors in the conduct of such
businesses.
   A licensee may not use a true or fictitious name after being
notified by the commissioner in writing that such use is contrary to
this section. If the commissioner determines that there are facts in
mitigation in connection with the continued use of such name he may
permit its use for a specified reasonable period of time if in
connection therewith he imposes such conditions as will protect the
public and achieve the purposes of this section. Any such permission
and any such conditions shall be written.
   The grounds specified in subdivisions (a), (c), and (d) shall not
be applicable to the true name of any organization licensee which on
October 1, 1961, holds under such name any type of license issued
under this chapter (commencing with Section 1621) or Chapter 8
(commencing with Section 1831) of this part nor to any fictitious
name in use on October 1, 1961, by any individual or organization
holding any type of license issued under this chapter or Chapter 8 of
this part on such date, provided such fictitious name is filed with
the commissioner on or before January 2, 1962.
   The ground specified in subdivisions (b) and (e) shall not be
applicable to any licensee who, or which, on October 1, 1961, holds a
license issued under this chapter or Chapter 8 of this part until on
and after January 2, 1964.
Section: Previous  1724  1724.5  1725  1725.5  1726  1727  1728  1729  1729.2  1729.5  1730  1730.5  1730.6  1731  1732  Next

Last modified: March 17, 2014