California Insurance Code General Provisions

  • Section 1.
    This act shall be known as the Insurance Code.(Enacted by Stats. 1935, Ch. 145.)
  • Section 2.
    The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall...
  • Section 3.
    All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are...
  • Section 4.
    No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure...
  • Section 5.
    Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.(Enacted by Stats. 1935, Ch. 145.)
  • Section 6.
    Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning,...
  • Section 7.
    Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power...
  • Section 8.
    Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized...
  • Section 9.
    Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all...
  • Section 10.
    Section means a section of this code unless some other statute is specifically mentioned and subdivision or subsection means a subdivision or subsection of the...
  • Section 11.
    The present tense includes the past and future tenses; and the future, the present.(Enacted by Stats. 1935, Ch. 145.)
  • Section 12.
    The masculine gender includes the feminine and neuter.(Enacted by Stats. 1935, Ch. 145.)
  • Section 13.
    The singular number includes the plural, and the plural the singular.(Enacted by Stats. 1935, Ch. 145.)
  • Section 14.
    County includes city and county. (Enacted by Stats. 1935, Ch. 145.)
  • Section 15.
    City includes city and county. (Enacted by Stats. 1935, Ch. 145.)
  • Section 16.
    As used in this code the word shall is mandatory and the word may is permissive, unless otherwise apparent from the context.(Enacted by Stats. 1935,...
  • Section 17.
    Oath includes affirmation.(Enacted by Stats. 1935, Ch. 145.)
  • Section 18.
    Signature or subscription includes mark when the signer or subscriber can not write, such signer s or subscriber s name being written near the mark...
  • Section 19.
    Person means any person, association, organization, partnership, business trust, limited liability company, or corporation.(Amended by Stats. 1994, Ch. 1010, Sec. 172. Effective January 1, 1995.)
  • Section 20.
    Commissioner means the Insurance Commissioner of this State.(Enacted by Stats. 1935, Ch. 145.)
  • Section 20.5.
    Whenever in this code the terms State Industrial Accident Commission or Industrial Accident Commission or commission, relating to the said State Industrial Accident Commission or...
  • Section 21.
    Division, and department, in reference to the government of this state, mean the Department of Insurance of this state.(Amended by Stats. 1990, Ch. 1239, Sec.
  • Section 21.5.
    (a) Administrative law bureau or administrative hearing bureau means the unit within the Department of Insurance that provides administrative hearings.(b) An administrative law judge appointed...
  • Section 22.
    Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from a contingent or unknown event.(Enacted by Stats. 1935,...
  • Section 23.
    The person who undertakes to indemnify another by insurance is the insurer, and the person indemnified is the insured.(Enacted by Stats. 1935, Ch. 145.)
  • Section 24.
    Admitted, in relation to a person, means entitled to transact insurance business in this state, having complied with the laws imposing conditions precedent to transaction...
  • Section 25.
    Nonadmitted, in relation to a person, means not entitled to transact insurance business in this State, whether by reason of failure to comply with conditions...
  • Section 26.
    Domestic means organized under the laws of this State, whether or not admitted.(Enacted by Stats. 1935, Ch. 145.)
  • Section 27.
    Foreign means not organized under the laws of this State, whether or not admitted.(Enacted by Stats. 1935, Ch. 145.)
  • Section 28.
    State means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of...
  • Section 29.
    Mortgage includes a trust deed, mortgagor includes a trustor under such trust deed, mortgagee includes a beneficiary under such trust deed, or a trustee exercising...
  • Section 30.
    Resident means residing in this State, nonresident means not residing in this State.(Enacted by Stats. 1935, Ch. 145.)
  • Section 31.
    Insurance agent means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health...
  • Section 32.
    (a) A life licensee is a person authorized to act as a life agent on behalf of a life insurer or a disability insurer to...
  • Section 32.5.
    Life and disability insurance analyst means a person who, for a fee or compensation of any kind, paid by or derived from any person or...
  • Section 33.
    Insurance broker means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not...
  • Section 33.5.
    (a) Casualty broker-agent means a person licensed pursuant to Section 1625.(b) Property broker-agent means a person licensed pursuant to Section 1625.(Amended by Stats. 2011, Ch....
  • Section 34.
    Insurance solicitor means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance...
  • Section 35.
    Transact as applied to insurance includes any of the following:(a) Solicitation.(b) Negotiations preliminary to execution.(c) Execution of a contract of insurance.(d) Transaction of matters subsequent...
  • Section 36.
    Paid-in capital or capital paid-in means:(a) In the case of a foreign mutual insurer not issuing or having outstanding capital stock, the value of its...
  • Section 37.
    Provisions of this code relating to a particular class of insurance or a particular type of insurer prevail over provisions relating to insurance in general...
  • Section 38.
    Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given by mailing notice,...
  • Section 38.5.
    (a) Any written notice required to be given or mailed to any person by an insurer relating to any insurance on risks or on operations...
  • Section 38.5. A.
    (a) Any written notice required to be given or mailed to any person by an insurer relating to any insurance on risks or on operations...
  • Section 38.6.
    (a) (1) Any written record required to be given or mailed to any person by a licensee relating to the business of life insurance, as...
  • Section 38.8.
    Insurers shall maintain a system for electronically confirming a policyholder s decision to opt in to an agreement to conduct transactions electronically and a system...
  • Section 39.
    If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the...
  • Section 40.
    The existence of insurers formed prior to the date this code takes effect shall not be affected by the enactment of this code nor by...
  • Section 41.
    All insurance in this State is governed by the provisions of this code.(Enacted by Stats. 1935, Ch. 145.)
  • Section 42.
    The designation of insurance coverage as group in any code or law of this State other than this code does not authorize its representation as...
  • Section 44.
    Any person who willfully and knowingly makes, circulates, or transmits to another any false written or printed statement for the purpose of damaging the financial...
  • Section 45.
    (a) Electronic funds transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through...
  • Section 46.
    The Legislature hereby declares its intent that the term workmen s compensation shall hereafter also be known as workers compensation. In furtherance of this policy...
  • Section 47.
    Surplus line broker means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2...
  • Section 48.
    A surplus line broker certificate means a certificate issued by a surplus line broker to an insurance purchaser as evidence of the placement of insurance...

Last modified: September 9, 2016