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- California Insurance Code Section 1
This act shall be known as the Insurance Code.
- California Insurance Code 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...
- California Insurance Code 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All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are...
- California Insurance Code 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...
- California Insurance Code Section 5
Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.
- California Insurance Code 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,...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 11
The present tense includes the past and future tenses; and the future, the present.
- California Insurance Code Section 12
The masculine gender includes the feminine and neuter.
- California Insurance Code Section 13
The singular number includes the plural, and the plural the singular.
- California Insurance Code Section 14
"County" includes "city and county."
- California Insurance Code Section 15
"City" includes "city and county."
- California Insurance Code Section 16
As used in this code the word "shall" is mandatory and the word "may" is permissive, unless otherwise apparent from the context.
- California Insurance Code Section 17
"Oath" includes affirmation.
- California Insurance Code 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 by a...
- California Insurance Code Section 19
"Person" means any person, association, organization, partnership, business trust, limited liability company, or corporation.
- California Insurance Code Section 20
"Commissioner" means the Insurance Commissioner of this State.
- California Insurance Code 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...
- California Insurance Code Section 21
"Division," and "department," in reference to the government of this state, mean the Department of Insurance of this state.
- California Insurance Code 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...
- California Insurance Code Section 22
Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from a contingent or unknown event.
- California Insurance Code Section 23
The person who undertakes to indemnify another by insurance is the insurer, and the person indemnified is the insured.
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 26
"Domestic" means organized under the laws of this State, whether or not admitted.
- California Insurance Code Section 27
"Foreign" means not organized under the laws of this State, whether or not admitted.
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 30
"Resident" means residing in this State, "nonresident" means not residing in this State.
- California Insurance Code Section 31
"Insurance agent" means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life insurance. An insurance...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 33
"Insurance broker" means a person who, for compensation and on behalf of another person, transacts insurance other than life with, but not on behalf of,...
- California Insurance Code Section 33.5
"Fire and casualty broker-agent" means a person licensed pursuant to Section 1625.
- California Insurance Code Section 34
"Insurance solicitor" means a natural person employed to aid a fire and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance...
- California Insurance Code 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)...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code 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,...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 41
All insurance in this State is governed by the provisions of this code.
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code 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 it...
- California Insurance Code 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...
- California Insurance Code 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...
- California Insurance Code Section 100
Insurance in this state is divided into the following classes: (1) Life (2) Fire (3) Marine (4) Title (5) Surety (6) Disability (7) Plate glass...
- California Insurance Code Section 101
Life insurance includes insurance upon the lives of persons or appertaining thereto, and the granting, purchasing, or disposing of annuities.
- California Insurance Code Section 102
Fire insurance includes: (a) Insurance against loss by fire, lightning, windstorm, tornado, or earthquake. (b) Insurance against loss of, or destruction of, or damage to,...
- California Insurance Code Section 103
Marine insurance includes insurance against any and all kinds of loss of or damage to: (a) Vessels, craft, aircraft, cars, automobiles and vehicles of every...
- California Insurance Code Section 104
Title insurance means insuring, guaranteeing or indemnifying owners of real or personal property or the holders of liens or encumbrances thereon or others interested therein...
- California Insurance Code Section 105
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...
- California Insurance Code Section 106
(a) Disability insurance includes insurance appertaining to injury, disablement or death resulting to the insured from accidents, and appertaining to disablements resulting to the insured...
- California Insurance Code Section 107
Plate glass insurance includes insurance against breakage of glass.
- California Insurance Code Section 108
Liability insurance includes: (a) Insurance against loss resulting from liability for injury, fatal or nonfatal, suffered by any natural person, or resulting from liability for...
- California Insurance Code Section 108.1
Insurers admitted to transact liability insurance are also deemed to be admitted to transact workers' compensation insurance for the purpose of covering those persons defined...
- California Insurance Code Section 109
Workmen's compensation insurance includes insurance against loss from liability imposed by law upon employers to compensate employees and their dependents for injury sustained by the...
- California Insurance Code Section 110
Common carrier liability insurance includes insurance against loss resulting from liability of a common carrier for accident or injury, fatal or nonfatal, to any person...
- California Insurance Code Section 111
Boiler and machinery insurance includes insurance against loss of property and liability for damage to persons or property from explosion of, or accident to, boilers,...
- California Insurance Code Section 112
Burglary insurance includes: (a) Insurance against loss by burglary or theft or both. (b) Insurance against loss of, or destruction of, or damage to, any...
- California Insurance Code Section 113
Credit insurance includes insurance of persons engaged in business against loss by reason of extending credit to those dealing with them, and insurance against loss...
- California Insurance Code Section 114
Sprinkler insurance includes insurance against loss through damage by water to goods or premises arising from the breakage or leakage of sprinklers, pumps, or other...
- California Insurance Code Section 115
Team and vehicle insurance includes insurance against loss through damage or legal liability for damage, to property caused by the use of teams or vehicles...
- California Insurance Code Section 116
(a) Automobile insurance includes insurance of automobile owners, users, dealers, or others having insurable interests therein, against hazards incident to ownership, maintenance, operation, and use...
- California Insurance Code Section 116.5
An express warranty warranting a motor vehicle lubricant, treatment, fluid, or additive that covers incidental or consequential damage resulting from a failure of the lubricant,...
- California Insurance Code Section 116.6
(a) Notwithstanding Section 116, a warranty issued by the warrantor of a vehicle protection product shall constitute an express warranty, as defined in Section 1791.2...
- California Insurance Code Section 117
Mortgage insurance includes the guaranteeing of the payment of the principal, interest and other sums agreed to be paid under the terms of any note...
- California Insurance Code Section 118
Aircraft insurance includes insurance of aircraft owners, users, dealers or others having insurable interests therein, against loss through hazards incident to ownership, maintenance, operation and...
- California Insurance Code Section 119
Mortgage guaranty insurance includes insurance against financial loss by reason of the nonpayment of principal, interest and other sums agreed to be paid under the...
- California Insurance Code Section 119.5
Insolvency insurance includes insurance against loss arising from the failure of an insolvent insurer to discharge its obligations under its insurance policies.
- California Insurance Code Section 119.6
Legal insurance includes the assumption of a contractual obligation to reimburse the insured against all or a portion of his fees, costs, and expenses related...
- California Insurance Code Section 120
Miscellaneous insurance includes insurance against loss from damage done, directly or indirectly by lightning, windstorm, tornado, earthquake or insurance under an open policy indemnifying the...
- California Insurance Code Section 121
Except as otherwise stated, the enumeration in this chapter of the kinds of insurance in a particular class does not limit any such kind to...
- California Insurance Code Section 122
(a) An insurer admitted for all the classes of insurance defined in Sections 102, 107, 108, 112 and 120 is authorized, in addition to the...
- California Insurance Code Section 123
An insurer admitted to transact liability insurance may extend such insurance on noncommercial or farm risks to include insurance of the legal liability of the...
- California Insurance Code Section 124
"Financial guaranty insurance" means that insurance as defined by Section 12100.
- California Insurance Code Section 124.5
"Homeowners' insurance" means insurance covering the risks described in subdivision (a) of Section 675.
- California Insurance Code Section 125
This chapter shall be known and may be cited as the California Risk Retention Act of 1991.
- California Insurance Code Section 126
The Legislature finds and declares that the provisions of this chapter are for the purpose of providing a means for a bona fide for-profit or...
- California Insurance Code Section 127
Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the application of this chapter and supersede any other provisions of law...
- California Insurance Code Section 128
The purposes of this chapter are as follows: (a) To regulate the formation and operation of risk retention groups and purchasing groups in this state...
- California Insurance Code Section 130
The following definitions govern this chapter: (a) "Commissioner" means the Insurance Commissioner of this state or the commissioner, director, or superintendent of insurance of any...
- California Insurance Code Section 131
(a) An entity seeking to be licensed in this state as a risk retention group shall be organized under the laws of this state and...
- California Insurance Code Section 132
Risk retention groups chartered, incorporated, or licensed in states other than this state and seeking to do business as a risk retention group in this...
- California Insurance Code Section 133
(a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in...
- California Insurance Code Section 134
(a) A purchasing group that intends to do business in this state shall, prior to doing business, furnish to the commissioner notice, which shall do...
- California Insurance Code Section 135
(a) No purchasing group may offer insurance policy coverage prohibited by Section 533.5 or declared invalid by the Supreme Court of California. (b) A purchasing...
- California Insurance Code Section 136
The powers authorized by this chapter shall only be exercised to the extent these powers are not preempted by the Product Liability Risk Retention Act...
- California Insurance Code Section 137
(a) No person, firm, association, or corporation shall act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from...
- California Insurance Code Section 138
There shall be no civil liability on the part of any agent or broker who places liability insurance coverage on behalf of any risk retention...
- California Insurance Code Section 140
The commissioner may order a purchasing group or risk retention group to cease and desist from the solicitation or sale of insurance by, or the...
- California Insurance Code Section 150
Any person capable of making a contract may be an insurer, subject to the restrictions imposed by this code.
- California Insurance Code Section 151
Any person except a public enemy may be insured.
- California Insurance Code Section 170
Unless the policy otherwise provides, if a mortgagor of property effects insurance in his own name providing that the loss shall be payable to the...
- California Insurance Code Section 171
In case of such a provision or assignment, any act of the mortgagor, prior to the loss and which would otherwise avoid the insurance, will...
- California Insurance Code Section 172
If an insurer assents to the transfer of insurance from a mortgagor to a mortgagee, and, at the time of the assent, imposes further obligations...
- California Insurance Code Section 250
Except as provided in this article, any contingent or unknown event, whether past or future, which may damnify a person having an insurable interest, or...
- California Insurance Code Section 251
A lottery or its outcome shall not be insured against.
- California Insurance Code Section 252
A policy executed by way of gaming or wagering, is void.
- California Insurance Code Section 253
On and after January 1, 1986, no insurer shall issue or amend contracts of insurance in this state to provide coverage for the payment of...
- California Insurance Code Section 280
If the insured has no insurable interest, the contract is void.
- California Insurance Code Section 281
Every interest in property, or any relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the...
- California Insurance Code Section 282
An insurable interest in property may consist in: 1. An existing interest; 2. An inchoate interest founded on an existing interest; or, 3. An expectancy,...
- California Insurance Code Section 283
A mere contingent or expectant interest in anything, not founded on an actual right to the thing, nor upon any valid contract for it, is...
- California Insurance Code Section 284
Except in the case of a property held by the insured as a carrier or depositary, the measure of an insurable interest in property is...
- California Insurance Code Section 285
A carrier or depositary of any kind has an insurable interest in a thing held by him as such, to the extent of its value.
- California Insurance Code Section 286
An interest in property insured must exist when the insurance takes effect, and when the loss occurs, but need not exist in the meantime; and...
- California Insurance Code Section 287
Every stipulation in a policy of insurance for the payment of loss whether the person insured has or has not any interest in the property...
- California Insurance Code Section 300
Except in the cases specified in the next four sections, and in the cases of life and disability insurance, a change of interest in any...
- California Insurance Code Section 301
A change of interest in a subject insured, after the occurrence of an injury which results in a loss, does not affect the right of...
- California Insurance Code Section 302
A change of interest in one or more of several distinct subjects, separately insured by one policy, does not avoid the insurance as to the
- California Insurance Code Section 303
A change of interest by will or succession, on the death of the insured, does not avoid insurance; and his interest in the insurance passes...
- California Insurance Code Section 304
In the case of partners, joint owners, or owners in common, who are jointly insured, a transfer of interest by one to another thereof does...
- California Insurance Code Section 305
The mere transfer of subject matter insured does not transfer the insurance, but suspends it until the same person becomes the owner of both the...
- California Insurance Code Section 330
Neglect to communicate that which a party knows, and ought to communicate, is concealment.
- California Insurance Code Section 331
Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance.
- California Insurance Code Section 332
Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he...
- California Insurance Code Section 333
Neither party to a contract of insurance is bound to communicate information of the matters following, except in answer to the inquiries of the other:...
- California Insurance Code Section 334
Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom...
- California Insurance Code Section 335
Each party to a contract of insurance is bound to know: (a) All the general causes which are open to his inquiry equally with that...
- California Insurance Code Section 336
The right to information of material facts may be waived, either (a) by the terms of insurance or (b) by neglect to make inquiries as...
- California Insurance Code Section 337
Information of the nature or amount of the interest of one insured need not be communicated unless in answer to an inquiry, except as prescribed...
- California Insurance Code Section 338
An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a...
- California Insurance Code Section 339
Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his own judgment upon the matters in question.
- California Insurance Code Section 350
A representation may be oral or written.
- California Insurance Code Section 351
A representation may be made at the time of, or before, issuance of the policy.
- California Insurance Code Section 352
The language of a representation is to be interpreted by the same rules as contracts in general.
- California Insurance Code Section 353
A representation as to the future is a promise, unless it is merely a statement of a belief or an expectation.
- California Insurance Code Section 354
A representation cannot qualify an express provision in a contract of insurance; but it may qualify an implied warranty.
- California Insurance Code Section 355
A representation may be altered or withdrawn before the insurance is effected, but not afterwards.
- California Insurance Code Section 356
The completion of the contract of insurance is the time to which a representation must be presumed to refer.
- California Insurance Code Section 357
When an insured has no personal knowledge of a fact, he may nevertheless repeat information which he has upon the subject, and which he believes...
- California Insurance Code Section 358
A representation is false when the facts fail to correspond with its assertions or stipulations.
- California Insurance Code Section 359
If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time...
- California Insurance Code Section 360
The materiality of a representation is determined by the same rule as the materiality of a concealment.
- California Insurance Code Section 361
The provisions of this chapter apply as well to a modification of a contract of insurance as to its original formation.
- California Insurance Code Section 380
The written instrument, in which a contract of insurance is set forth, is the policy.
- California Insurance Code Section 381
A policy shall specify: (a) The parties between whom the contract is made. (b) The property or life insured. (c) The interest of the insured...
- California Insurance Code Section 381.1
(a) The information described in subdivision (b) shall be provided to the policyholder at the time of application for, or issuance of, a policy of...
- California Insurance Code Section 381.2
When a policy includes coverage for loss or damage to a specific item of personal property of the insured, which item is separately listed and...
- California Insurance Code Section 381.5
(a) Every policy issued, amended, delivered, or renewed in this state shall provide coverage for the registered domestic partner of an insured or policyholder that...
- California Insurance Code Section 382
Covering notes may be issued to bind insurance temporarily pending the issuance of the policy. Within 90 days after issue of a covering note a...
- California Insurance Code Section 382.5
A binder which is issued in accordance with this section shall be deemed an insurance policy for the purpose of proving that the insured has...
- California Insurance Code Section 383
It is a misdemeanor: (a) For any insurer, or any agent of any insurer, to issue a policy in violation of the requirements of subdivision...
- California Insurance Code Section 383.5
"Document," as used in this section, means a policy or a certificate evidencing insurance under a master policy. The policy or certificate shall conform to...
- California Insurance Code Section 383.6
The phrase "motor vehicle" or "motor vehicles" as used in Section 383.5 includes, but is not limited to: (a) Trailers, house trailers, mobilehomes, campers and...
- California Insurance Code Section 384
(a) A certificate of insurance or verification of insurance provided as evidence of insurance in lieu of an actual copy of the insurance policy shall...
- California Insurance Code Section 386
All policies issued by incorporated insurers shall be subscribed by the president or vice president, or chairman, or chief executive officer, or, in case of...
- California Insurance Code Section 387
When the name of the person intended to be insured is specified in a policy, it can be applied only to his own interest.
- California Insurance Code Section 388
When an insurance contract is executed with an agent or trustee as the insured, the fact that his principal or beneficiary is the real party...
- California Insurance Code Section 389
To render an insurance effected by one partner or part-owner applicable to the interest of his copartners, or of other part-owners, it is necessary that...
- California Insurance Code Section 390
When the description of the insured in a policy is so general that it may comprehend any person or any class of persons, only he...
- California Insurance Code Section 391
A policy may be so framed that it will inure to the benefit of whomsoever, during the continuance of the risk, becomes the owner of...
- California Insurance Code Section 392
Any exception from the risk generally covered by a policy of insurance which insures property for the period of time when such property is under...
- California Insurance Code Section 394
(a) The commissioner may approve insurance policies and associated materials in languages other than English if the following conditions are met: (1) The policyholder is...
- California Insurance Code Section 395
After a covered loss, an insurer shall provide, free of charge, a complete copy of the insured's current insurance policy or certificate within 30 calendar...
- California Insurance Code Section 410
A policy is either open or valued.
- California Insurance Code Section 411
An open policy is one in which the value of the subject matter is not agreed upon, but is left to be ascertained in case...
- California Insurance Code Section 412
A valued policy is one which expresses on its face an agreement that the thing insured shall be valued at a specified sum.
- California Insurance Code Section 413
A running policy is one which contemplates successive insurances, and which provides that the object of the policy may be from time to time defined,...
- California Insurance Code Section 430
The policies issued by every insurer shall be entitled by its own name or a name approved by the commissioner under Section 881 or 882,...
- California Insurance Code Section 440
A warranty is either express or implied.
- California Insurance Code Section 441
A statement in a policy of a matter relating to the person or thing insured, or to the risk, as a fact, is an express...
- California Insurance Code Section 442
A particular form of words is not necessary to create a warranty.
- California Insurance Code Section 443
Every express warranty made at or before the execution of a policy shall be contained in the policy itself, or in another instrument signed by...
- California Insurance Code Section 444
A warranty may relate to the past, the present, the future, or to any or all of these.
- California Insurance Code Section 445
A statement in a policy, which imports that there is an intention to do or not to do a thing which materially affects the risk,...
- California Insurance Code Section 446
When, before the time arrives for the performance of a warranty relating to the future, a loss insured against happens, or performance becomes unlawful at...
- California Insurance Code Section 447
The violation of a material warranty or other material provision of a policy, on the part of either party thereto, entitles the other to rescind.
- California Insurance Code Section 448
Unless the policy declares that a violation of specified provisions thereof shall avoid it, the breach of an immaterial provision does not avoid the policy.
- California Insurance Code Section 449
A breach of warranty without fraud merely exonerates an insurer from the time that it occurs, or where the warranty is broken in its inception,...
- California Insurance Code Section 460
On and after January 1, 1972, every printed form of an insurance contract, including every policy, endorsement, rider, or any amendment thereof issued in this...
- California Insurance Code Section 480
An insurer is entitled to payment of the premium as soon as the subject matter insured is exposed to the peril insured against.
- California Insurance Code Section 481
(a) Unless the insurance contract otherwise provides, a person insured is entitled to a return of premium if the policy is canceled, rejected, surrendered, or...
- California Insurance Code Section 481.1
(a) In the event any conditional receipt, binder, or other evidence of temporary or implied insurance, except ocean marine insurance as defined in Section 481...
- California Insurance Code Section 481.5
(a) Whenever a policy of personal lines insurance terminates for any reason, or there is a reduction in coverage, the insurer shall tender the gross...
- California Insurance Code Section 482
Except as provided by section 481, or by the insurance contract, if a peril insured against has existed, and the insurer has been liable for...
- California Insurance Code Section 483
A person insured is entitled to a return of the premium: (a) When the contract is voidable, on account of the fraud or misrepresentation of...
- California Insurance Code Section 484
An acknowledgment in a policy of the receipt of premium is conclusive evidence of its payment, so far as to make the policy binding. Notwithstanding...
- California Insurance Code Section 485
In case of an overinsurance by several insurers, the insured is entitled to a ratable return of the premium, proportioned to the amount by which...
- California Insurance Code Section 486
When an overinsurance is effected by simultaneous policies, the insurers contribute to the premium to be returned in proportion to the amount insured by their...
- California Insurance Code Section 487
When an overinsurance is effected by successive policies, those only contribute to a return of the premium who are exonerated by prior insurance from the...
- California Insurance Code Section 488
No insurer shall, in issuing or renewing a private passenger automobile insurance policy, increase the premium on that policy for the reason that the insured...
- California Insurance Code Section 488.5
(a) No insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the California Highway Patrol, or firefighter,...
- California Insurance Code Section 489
(a) Upon issuance of a policy of insurance described in Section 660, the insurer or its agent shall deliver to the named insured a notice...
- California Insurance Code Section 491
The rating plan of a motor vehicle liability insurer shall not provide for an increase in the premium if based upon an accident in which...
- California Insurance Code Section 500
Whenever any insurer has, as a regular course of conduct, sent renewal premium notices to an insured, and intends to discontinue that practice, it shall...
- California Insurance Code Section 510
Whenever a policy of insurance specified in Section 660 or 675, a policy of life insurance as defined in Section 101, a policy of disability...
- California Insurance Code Section 515
Notwithstanding any other provision of law, any insurer issuing policies of automobile liability insurance or motor vehicle liability insurance shall, upon request of either the...
- California Insurance Code Section 520
An agreement not to transfer the claim of the insured against the insurer after a loss has happened, is void if made before the loss...
- California Insurance Code Section 530
An insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract...
- California Insurance Code Section 531
An insurer is liable: (a) Where the thing insured is rescued from a peril insured against, and which would otherwise have caused a loss, if,...
- California Insurance Code Section 532
If a peril is specially excepted in a contract of insurance and there is a loss which would not have occurred but for such peril,...
- California Insurance Code Section 533
An insurer is not liable for a loss caused by the wilful act of the insured; but he is not exonerated by the negligence of...
- California Insurance Code Section 533.5
(a) No policy of insurance shall provide, or be construed to provide, any coverage or indemnity for the payment of any fine, penalty, or restitution...
- California Insurance Code Section 533.7
Notwithstanding any other law, an insurer may defend a duly licensed physician or surgeon against any cause of action involving the performance of any act...
- California Insurance Code Section 550
In case of loss upon an insurance against fire, an insurer is exonerated if notice thereof is not given to him without unnecessary delay by...
- California Insurance Code Section 551
Except in the case of life, marine, or fire insurance, notice of an accident, injury, or death may be given at any time within twenty...
- California Insurance Code Section 552
When preliminary proof of loss is required by a policy, the insured is not bound to give such proof as would be necessary in a...
- California Insurance Code Section 553
All defects in a notice of loss, or in preliminary proof thereof, which the insured might remedy, and which the insurer omits to specify to...
- California Insurance Code Section 554
Delay in the presentation to an insurer of notice or proof of loss is waived, if caused by an act of his, or if he...
- California Insurance Code Section 555
If a policy requires, by way of preliminary proof of loss, the certificate or testimony of a person other than the insured or beneficiary, there...
- California Insurance Code Section 557
It is a misdemeanor for any person alone or in concert to prepare or make any bid or other writing which falsely purports to be...
- California Insurance Code Section 557.5
No peace officer, member of the California Highway Patrol, or firefighter shall be required to report any accident in which he or she is involved...
- California Insurance Code Section 560
Every insurer issuing an automobile collision policy, as defined in subdivision (d) of Section 660, or a policy for comprehensive coverage for a motor vehicle,...
- California Insurance Code Section 570
Except in the event that the insurer has previously obtained a release on a loss, each insurer which issues, amends, or renews, on or after...
- California Insurance Code Section 571
Where the insurer has authorized the work and its liability is not in dispute, the direct payment provided for by Section 570 shall be made...
- California Insurance Code Section 572
As used in this article, the term "loss payee" shall include, but not be limited to, any mortgagee of the insured real property.
- California Insurance Code Section 590
A double insurance exists where the same person is insured by several insurers separately in respect to the same subject and interest.
- California Insurance Code Section 591
In case of double insurance, the several insurers are liable to pay losses thereon as follows: (a) In fire insurance, each insurer shall contribute ratably,...
- California Insurance Code Section 620
A contract of reinsurance is one by which an insurer procures a third person to insure him against loss or liability by reason of such...
- California Insurance Code Section 621
A reinsurance is presumed to be a contract of indemnity against liability, and not merely against damage.
- California Insurance Code Section 622
Where an insurer obtains reinsurance, he must communicate all the representations of the original insured, and also all the knowledge and information he possesses, whether...
- California Insurance Code Section 623
The original insured has no interest in a contract of reinsurance.
- California Insurance Code Section 650
Whenever a right to rescind a contract of insurance is given to the insurer by any provision of this part such right may be exercised...
- California Insurance Code Section 651
Whenever an insurer gives notice of rescission of an automobile liability policy, upon request of the driver as defined in paragraphs (1) and (2) of...
- California Insurance Code Section 655
Every insurer issuing policies of motor vehicle liability insurance within the meaning of Section 16450 of the Vehicle Code, automobile liability insurance within the meaning...
- California Insurance Code Section 657
(a) Where any admitted insurer, licensed to issue motor vehicle liability policies as defined in Section 16450 of the Vehicle Code, or any licensed insurance...
- California Insurance Code Section 658
Where any admitted insurer, licensed to issue motor vehicle liability policies as defined in Section 16450 of the Vehicle Code, refuses to accept an applicant...
- California Insurance Code Section 660
As used in this chapter: (a) "Policy" means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued...
- California Insurance Code Section 661
(a) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1)...
- California Insurance Code Section 662
No notice of cancellation of a policy to which Section 661 applies shall be effective unless mailed or delivered by the insurer to the named...
- California Insurance Code Section 662.1
Proof of mailing or delivery of a notice of cancellation to a lienholder or an additional interest on a policy to which this chapter applies...
- California Insurance Code Section 663
(a) Before policy expiration, an insurer shall deliver to or mail to the named insured, at the address shown on the policy, one of the...
- California Insurance Code Section 663.5
(a) No insurer shall fail to renew a policy solely on the basis of the age of the insured. (b) On and after January 1,...
- California Insurance Code Section 664
Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address...
- California Insurance Code Section 664.5
Any insurer who requires periodic physical examinations of an insured as a condition of renewal of a policy shall pay the cost of such physical...
- California Insurance Code Section 665
When a policy of automobile liability insurance is canceled, other than for nonpayment of premium, or in the event of failure to renew a policy...
- California Insurance Code Section 666
Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the...
- California Insurance Code Section 667
There shall be no liability on the part of, and no cause of action of any nature shall arise against, the Insurance Commissioner or against...
- California Insurance Code Section 667.5
Unless a policy specifically provides otherwise, the cancellation of a policy, or any change in the policy, executed by an insurer, at the request of...
- California Insurance Code Section 668
Section 663 shall not apply to policies of liability insurance issued pursuant to assigned risk plans.
- California Insurance Code Section 668.5
No cancellation of a policy or coverage of insurance subject to this chapter but not subject to Section 661 or 662 (because it has been...
- California Insurance Code Section 669
Any insurer willfully violating any provisions of Section 663 is guilty of a misdemeanor and is punishable by a fine of not exceeding one thousand...
- California Insurance Code Section 669.5
No insurer shall fail to renew any private automobile insurance policy of a peace officer, member of the California Highway Patrol, or firefighter, with respect...
- California Insurance Code Section 669.7
Notwithstanding Section 660, an insurer may deliver or issue an automobile liability, automobile physical damage, or automobile collision policy in this state insuring a single...
- California Insurance Code Section 670
(a) No admitted insurer licensed to issue motor vehicle liability policies, as defined in Section 16450 of the Vehicle Code, shall cancel, or refuse to...
- California Insurance Code Section 671
No insurer issuing an automobile collision policy, as defined in Section 660, or a policy for comprehensive coverage for an automobile, as defined in Section...
- California Insurance Code Section 672
(a) Every admitted insurer or insurer group licensed to sell automobile insurance shall provide consumers of personal automobile insurance, as described in Section 660, with...
- California Insurance Code Section 673
(a) As used in this section, "exercise the right to cancel" means the act of formally electing to use the right of the insured to...
- California Insurance Code Section 674
A policy of liability insurance issued to a local public entity or state agency as a named insured shall not be canceled or renewal of...
- California Insurance Code Section 674.5
(a) No insurer shall cease to offer any particular class of commercial liability insurance without prior notification to the commissioner. (b) The department shall adopt...
- California Insurance Code Section 674.6
(a) No insurer issuing policies of insurance subject to Section 674.5 or 675 shall cease to offer any particular line of coverage without prior notification...
- California Insurance Code Section 674.9
(a) Notwithstanding subdivision (b) of Section 674.6, an insurer issuing policies of liability insurance to long-term health care facilities, residential care facilities for the elderly,...
- California Insurance Code Section 675
(a) Except as provided in Sections 676.8 and 679.6, this chapter shall apply to policies of insurance, other than automobile insurance and workers' compensation insurance,...
- California Insurance Code Section 675.1
In the case of a total loss to the primary insured structure under a residential policy subject to Section 675, the following provisions apply: (a)...
- California Insurance Code Section 675.5
(a) In addition to any policy of insurance specified in Section 675, this chapter shall apply to policies of commercial insurance issued or issued for...
- California Insurance Code Section 676
After a policy specified in Section 675 has been in effect for 60 days, or, if the policy is a renewal, effective immediately, no notice...
- California Insurance Code Section 676.1
(a) The arbitrary cancellation of a policy of homeowners' insurance solely on the basis that the policyholder has a license to operate a family day...
- California Insurance Code Section 676.2
(a) This section applies only to policies of commercial insurance that are subject to Section 675.5. (b) After a policy has been in effect for...
- California Insurance Code Section 676.3
Nothing in Section 676.2 shall preclude the imposition of remedial underwriting action upon coverage insuring dentists or physicians and surgeons against legal liability arising from...
- California Insurance Code Section 676.4
Nothing in Section 676.2 shall preclude, while the policies are in force, changes in the rate upon which the premium is based or the conditions...
- California Insurance Code Section 676.5
(a) This section applies only to policies of commercial insurance which are subject to Section 675.5. (b) Except as provided in subdivision (c), for purposes...
- California Insurance Code Section 676.6
(a) This section applies to commercial umbrella liability insurance policies, commercial excess liability insurance policies, and commercial excess property insurance policies. (b) As used in...
- California Insurance Code Section 676.7
(a) No admitted insurer, licensed to issue and issuing homeowner's or tenant's policies, as described in Section 122, shall (1) fail or refuse to accept...
- California Insurance Code Section 676.8
(a) This section applies only to policies of workers' compensation insurance. (b) After a policy is in effect, no notice of cancellation shall be effective...
- California Insurance Code Section 676.9
(a) This section applies to policies covered by Sections 675 and 675.5. (b) No insurer issuing policies subject to this section shall deny or refuse...
- California Insurance Code Section 676.10
(a) This section applies to policies covered by Section 675, 675.5, or 676.5 if the insured is a religious organization described in clause (i) of...
- California Insurance Code Section 677
(a) All notices of cancellation shall be in writing, mailed to the named insured at the address shown in the policy, or to his or...
- California Insurance Code Section 677.2
(a) This section applies only to policies covered by Section 675.5. (b) A notice of cancellation shall be in writing and shall be delivered or...
- California Insurance Code Section 677.4
A notice of cancellation with respect to a policy covered under Section 675 shall be delivered at least 20 calendar days prior to the effective...
- California Insurance Code Section 678
(a) At least 45 days prior to policy expiration, an insurer shall deliver to the named insured or mail to the named insured at the...
- California Insurance Code Section 678.1
(a) This section applies only to policies of insurance of commercial insurance that are subject to Sections 675.5 and 676.6. (b) A notice of nonrenewal...
- California Insurance Code Section 678.2
The provisions of subdivisions (c) and (e) of Section 678.1 which prohibit notice of nonrenewal earlier than 120 days in advance of the end of...
- California Insurance Code Section 678.3
(a) There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer which issues...
- California Insurance Code Section 678.5
No policy specified in Section 675 that is issued, amended, or renewed on or after January 1, 1990, may be canceled, and an insurer may...
- California Insurance Code Section 679
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer or its authorized...
- California Insurance Code Section 679.5
Proof of mailing of a notice of cancellation and the reasons therefor or of intention not to renew to the named insured at the address...
- California Insurance Code Section 679.6
The commissioner may, after hearing, exempt from the provisions of this chapter insurance in respect to any risk or class of risk that is eligible...
- California Insurance Code Section 679.7
(a) Upon receiving a written request from an insured or the agent or broker of record where authorized by the insured, an insurer shall provide...
- California Insurance Code Section 679.9
If an insurer changes the annual premium under a policy specified in Section 675, it shall, within 15 business days of a request by the...
- California Insurance Code Section 679.70
This chapter shall apply to policies of insurance, other than automobile insurance and workmen's compensation insurance, on risks located or resident in this state which...
- California Insurance Code Section 679.71
No admitted insurer, licensed to issue any policy of insurance covered by this chapter, shall fail or refuse to accept an application for, or to...
- California Insurance Code Section 679.72
No application for insurance specified in this chapter or insurance investigation report furnished by such an insurer to its agents or employees for use in...
- California Insurance Code Section 679.73
Nothing in this chapter shall prohibit use in an application for insurance specified in this chapter of a question asking for the birthplace of an...
- California Insurance Code Section 680
An insurer shall not transact any class of insurance which is not authorized by its charter.
- California Insurance Code Section 685
(a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses and other fees, in the aggregate, and...
- California Insurance Code Section 685.1
This article shall not apply as to personal income taxes, nor as to ad valorem taxes on real or personal property nor as to special...
- California Insurance Code Section 685.2
For the purposes of this article the domicile of an alien insurer, other than insurers formed under the laws of Canada, shall be that state...
- California Insurance Code Section 685.3
To the extent permitted by the California Constitution there is hereby imposed upon the commissioner the duty to enforce Section 685. It shall be the...
- California Insurance Code Section 685.4
The provisions of this article shall also be applicable to reciprocals or interinsurance exchanges and fraternal benefit societies.
- California Insurance Code Section 688
The Legislature declares that it is desirable for the general welfare and in particular for the welfare of insurance beneficiaries, policyholders, injured claimants and others...
- California Insurance Code Section 688.1
The board of directors of any domestic insurer may at any time adopt emergency bylaws, subject to repeal or change by action of those having...
- California Insurance Code Section 688.2
In the event that the board of directors of a domestic insurer has not adopted emergency bylaws, the following provisions shall become effective upon the...
- California Insurance Code Section 688.3
At any time the board of directors of a domestic insurer may, by resolution, provide that in the event of such a national emergency and...
- California Insurance Code Section 688.4
At any time the board of directors of a domestic insurer may, by resolution, provide that in the event of such a national emergency the...
- California Insurance Code Section 688.5
"Insurer" as used in this article includes insurance corporations and insurer organizations of every type and reciprocal or interinsurance exchanges and the incorporated attorney in...
- California Insurance Code Section 690
If any paid in capital of an insurer is, or is to be, represented by shares of stock, such insurer shall not be organized in...
- California Insurance Code Section 699
Except as specifically permitted by this code, a certificate of authority shall not be issued to an unincorporated insurer. This section shall not be applicable...
- California Insurance Code Section 699.1
The Public Employees' Retirement System is exempt from the provisions of this code with respect to the group life insurance program established pursuant to Article...
- California Insurance Code Section 699.5
(a) The ownership or financial control, in part, direct or indirect, of any domestic, foreign, or alien insurer, by any state of the United States...
- California Insurance Code Section 700
(a) A person shall not transact any class of insurance business in this state without first being admitted for that class. Except for the State...
- California Insurance Code Section 700.01
In addition to any or all of the classes of insurance which it is permitted to transact by all other applicable provisions of this code,...
- California Insurance Code Section 700.02
No insurer shall be issued a certificate of authority other than a renewal certificate of authority for any of the classes set forth in Section...
- California Insurance Code Section 700.025
An insurer, including a reciprocal or interinsurance exchange, admitted on January 1, 1970, to transact automobile liability insurance under class 8 and automobile insurance under...
- California Insurance Code Section 700.03
Notwithstanding the requirements of Sections 700.01 and 10511 until June 30, 1955, the minimum paid-in capital required for renewal, for the same classes of insurance,...
- California Insurance Code Section 700.04
Paid-in capital for life insurers is governed by Section 10510 of this code; for title insurers by Section 12359; for mortgage insurers by Section 12440;...
- California Insurance Code Section 700.05
(a) In determining the minimum amount of paid-in capital and surplus required by the applicable provisions of this code for admission of an insurer, there...
- California Insurance Code Section 701
Subject to the annual fee provisions of Section 705, every certificate of authority shall be for an indefinite term and shall expire with the expiration...
- California Insurance Code Section 702
(a) An insurer that maintains a certificate of authority to transact insurance in this state, advertises insurance on the Internet, and transacts insurance in this...
- California Insurance Code Section 703
Except when performed by a surplus line broker, the following acts are misdemeanors when done in this state: (a) Acting as agent for a nonadmitted...
- California Insurance Code Section 703.1
(a) Any nonadmitted insurer that is on the list of eligible surplus line insurers issued by the commissioner pursuant to subdivision (f) of Section 1765.1...
- California Insurance Code Section 703.5
Any person, including, but not limited to, persons licensed or certificated under this code or exempted from regulation under this code, who as a part...
- California Insurance Code Section 704
The commissioner may suspend the certificate of authority of an insurer for not exceeding one year whenever he finds, after proper hearing following notice, that...
- California Insurance Code Section 704.5
The commissioner may decline to grant or may suspend or revoke a certificate of authority of any holder of such certificate authorized to be certificated...
- California Insurance Code Section 704.7
The commissioner, in any proceeding under Section 704 for any of the violations specified in that section, may, by an alternative order, permit the holder...
- California Insurance Code Section 705
The commissioner shall require the payment of fifty-eight dollars ($58) in lawful money of the United States, in advance as a fee for filing an...
- California Insurance Code Section 705.1
The commissioner shall require the payment of one thousand seven hundred seventy dollars ($1,770) in lawful money of the United States in advance as a...
- California Insurance Code Section 706
Prior to admission each insurer shall file with the commissioner a certified copy of its last annual statement or a verified financial statement exhibiting its...
- California Insurance Code Section 706.5
The commissioner, in addition to any other proper ground for denying a certificate of authority to a nonadmitted insurer, may deny such certificate whenever, in...
- California Insurance Code Section 706.7
As used in this section, the term "reciprocal State" means a State the laws of which prohibit an insurer domiciled therein from insuring the lives...
- California Insurance Code Section 707
A domestic insurer shall, prior to admission, file with the commissioner a copy of its articles of incorporation and certificate of any increase or diminution...
- California Insurance Code Section 708
A foreign insurer shall, prior to admission, file with the commissioner the following: (a) If organized in a jurisdiction which requires articles to be filed,...
- California Insurance Code Section 709
If the insurer is organized in any other State, it shall, prior to admission, file with the commissioner a certificate setting forth: (a) The nature...
- California Insurance Code Section 709.5
(a) Any insurer that is organized under the laws of any other state and is admitted to do business in this state for the purpose...
- California Insurance Code Section 710
If there are any written articles of agreement or association, a copy thereof shall accompany such certificates.
- California Insurance Code Section 711
An insurer organized out of the United States shall also file such certificate and articles, but the certificate need not contain the names of any...
- California Insurance Code Section 713
A copy of the instrument or record of the action making any change in any of the documents filed with the commissioner pursuant to this...
- California Insurance Code Section 714
The commissioner shall require the payment of twenty-nine dollars ($29) in lawful money of the United States, in advance, as a fee for filing papers...
- California Insurance Code Section 715
The commissioner shall have no authority to issue a certificate of authority, other than a renewal certificate of authority, to any domestic insurer, whether organized...
- California Insurance Code Section 716
No certificate of authority shall be granted to a foreign or alien applicant that has not actively transacted for three years the classes of insurance...
- California Insurance Code Section 717
Before granting a certificate of authority or amended certificate of authority to any applicant, the commissioner shall consider the qualifications of said applicant in respect...
- California Insurance Code Section 717.1
Where the applicant is a wholly owned domestic subsidiary of an admitted domestic insurer the commissioner shall issue a certificate of authority to such applicant...
- California Insurance Code Section 717.2
(a) On and after January 1, 2007, for purposes of Section 717, the commissioner shall consider, with respect to any application for a certificate of...
- California Insurance Code Section 718
If upon due investigation the commissioner shall find that any applicant for a certificate of authority, or amended certificate of authority, will not conduct its...
- California Insurance Code Section 720
The commissioner may after notice and hearing promulgate such reasonable rules and regulations, and amendments and additions thereto, as are necessary or convenient to carry...
- California Insurance Code Section 721
As used in Sections 704.5, 716, 717 and 718, the term "applicant" includes the attorney-in-fact of a reciprocal or interinsurance exchange. Wherever reference therein is...
- California Insurance Code Section 725
Any person otherwise qualified may be a director of two or more insurers, but no such interlocking directorate shall be used as a means of...
- California Insurance Code Section 726
The commissioner shall notify the Secretary of State of any refusal to issue a certificate of authority to transact insurance to an applicant therefor.
- California Insurance Code Section 728
(a) For the purposes of this section, the following definitions are applicable: (1) "Subject person" means any director, officer, or employee or other natural person...
- California Insurance Code Section 729
As used in this article, the following terms have the following meanings: (a) "Company" means any person engaging in, or proposing or attempting to engage...
- California Insurance Code Section 730
(a) The commissioner, whenever he or she deems necessary or whenever he or she is requested by verified petition, signed by 25 persons interested as...
- California Insurance Code Section 731
Whenever any foreign insurer applies for admission the commissioner may make, or cause to be made by the insurance authority of the State where the...
- California Insurance Code Section 732
An insurer organized or existing under the laws of any country outside of the United States shall be deemed to be organized, within the meaning...
- California Insurance Code Section 733
In making such examination the commissioner: (a) Shall have free access to all the books and papers of the company. (b) Shall thoroughly inspect and...
- California Insurance Code Section 734
Every company or person from whom information is sought, and its officers, directors, employees, and agents, shall provide to the examiners appointed pursuant to this...
- California Insurance Code Section 734.1
(a) No later than 60 days following completion of the examination, the examiner in charge shall file with the department a verified written report of...
- California Insurance Code Section 735
The hereinafter designated officer of each domestic insurer shall inform the members present at the next meeting of its governing body of the receipt from...
- California Insurance Code Section 735.5
(a) Nothing contained in this article shall be construed to limit the commissioner's authority to use and, if appropriate, to make public, any final or...
- California Insurance Code Section 736
All examinations shall be at the expense of the insurer, organization or person examined, except that special examinations which are in addition to regular examinations...
- California Insurance Code Section 736.5
The provisions of Section 736 notwithstanding, the revenue raised from the examination of insurers and other persons under this article in the 1996-97 fiscal year...
- California Insurance Code Section 737
(a) No cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner's authorized representatives, or any examiner appointed by...
- California Insurance Code Section 738
The commissioner shall have the same powers and authority to examine the State Compensation Insurance Fund as are conferred upon him by law relative to...
- California Insurance Code Section 739
As used in this article, these terms shall have the following meanings: (a) "Adjusted RBC Report" means a Risk-Based Capital (RBC) report that has been...
- California Insurance Code Section 739.2
(a) Every domestic insurer shall, on or prior to each March 15 (the "filing date"), prepare and submit to the commissioner a report of its...
- California Insurance Code Section 739.3
(a) "Company Action Level Event" means any of the following events: (1) The filing of an RBC Report by an insurer that indicates any of...
- California Insurance Code Section 739.4
(a) "Regulatory Action Level Event" means, with respect to any insurer, any of the following events: (1) The filing of an RBC Report by the...
- California Insurance Code Section 739.5
(a) "Authorized Control Level Event" means any of the following events: (1) The filing of an RBC Report by the insurer that indicates that the...
- California Insurance Code Section 739.6
(a) "Mandatory Control Level Event" means any of the following events: (1) The filing of an RBC Report that indicates that the insurer's Total Adjusted...
- California Insurance Code Section 739.7
Upon any of the events described in subdivision (a), (b), (c), or (d), the insurer shall have the right to a departmental hearing, on the...
- California Insurance Code Section 739.8
(a) All RBC Reports, to the extent the information within those reports is not required to be set forth in a publicly available annual statement...
- California Insurance Code Section 739.9
(a) The provisions of this article are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any...
- California Insurance Code Section 739.10
(a) Any foreign insurer shall, upon the written request of the commissioner, submit to the commissioner an RBC Report as of the end of the...
- California Insurance Code Section 739.11
If any provision of this article, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions...
- California Insurance Code Section 739.12
(a) All notices by the commissioner to an insurer that may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered...
- California Insurance Code Section 740
(a) Notwithstanding any other provision of law, and except as provided herein, any person or other entity that provides coverage in this state for medical,...
- California Insurance Code Section 742
(a) Any person or other entity that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental,...
- California Insurance Code Section 742.1
(a) Any person or other entity or arrangement in this state that is organized for the purpose of offering or providing coverage in this state,...
- California Insurance Code Section 742.20
The Legislature finds and declares the following: (a) An alternative to insurance programs, health care maintenance organizations, and panel provider organizations was established by Congress...
- California Insurance Code Section 742.21
"Multiple employer welfare arrangement" as used in this article has the same meaning as that contained in Section 1002(40)(A) of Title 29 of the United...
- California Insurance Code Section 742.215
As used in this article, "self-funded" means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years...
- California Insurance Code Section 742.22
It is the intent of the Legislature in enacting this article to allow a self-funded or partially self-funded multiple employer welfare arrangement to meet the...
- California Insurance Code Section 742.23
(a) After December 31, 1995, a self-funded or partially self-funded multiple employer welfare arrangement shall not provide any benefits for any resident of this state...
- California Insurance Code Section 742.24
To be eligible for a certificate of compliance, a self-funded or partially self-funded multiple employer welfare arrangement shall meet all of the following requirements: (a)...
- California Insurance Code Section 742.245
(a) A self-funded or partially self-funded multiple employer welfare arrangement shall maintain at least 25 percent of the surplus required by subdivision (n) of Section...
- California Insurance Code Section 742.25
In determining the qualification of a multiple employer welfare arrangement, the commissioner will consider, among other things: (a) The history of the multiple employer welfare...
- California Insurance Code Section 742.26
The multiple employer welfare arrangement shall issue to each covered employee a certificate evidencing coverage and a summary plan description of benefits and coverages provided....
- California Insurance Code Section 742.27
The department shall have the authority to revoke a certificate of compliance to any self-funded or partially self-funded multiple employer welfare arrangement if the department...
- California Insurance Code Section 742.28
A self-funded or partially self-funded multiple employer welfare arrangement authorized by this article shall be limited to providing the following benefits: (a) Medical, dental, optical,...
- California Insurance Code Section 742.29
An association seeking to establish an employee welfare benefit plan by the use of a self-funded or partially self-funded multiple employer welfare arrangement shall apply...
- California Insurance Code Section 742.30
The commissioner shall not issue a certificate of compliance to a self-funded or partially self-funded multiple employer welfare arrangement unless the employers participating in the...
- California Insurance Code Section 742.31
Each self-funded or partially self-funded multiple employer welfare arrangement transacting business in the state shall file all of the following with the commissioner: (a) No...
- California Insurance Code Section 742.32
The commissioner or any persons designated by the commissioner shall have the power to examine the affairs of any self-funded or partially self-funded multiple employer...
- California Insurance Code Section 742.33
Books, records, and documents pertaining to the business of the multiple employer welfare arrangement shall be maintained by the administrator for a period of five...
- California Insurance Code Section 742.34
(a) The following notice shall be provided to employers and employees who obtain coverage from a multiple employer welfare arrangement: NOTICE (A) THE MULTIPLE EMPLOYER...
- California Insurance Code Section 742.35
The department may conduct an examination of the financial condition of a self-funded or partially self-funded multiple employer welfare arrangement, and if it determines that...
- California Insurance Code Section 742.36
Subject to the annual fee provisions of Section 742.39, every certificate of compliance shall be for an indefinite term and shall expire with the expiration...
- California Insurance Code Section 742.37
(a) The commissioner may suspend the certificate of compliance of a holder thereof for not exceeding one year whenever he or she finds, after proper...
- California Insurance Code Section 742.38
The commissioner, in any proceeding under Section 742.37 for any of the violations specified in that section, may by alternative order permit the holder of...
- California Insurance Code Section 742.39
The commissioner shall require the payment of three thousand five hundred dollars ($3,500) in advance as a fee for filing an application for each certificate...
- California Insurance Code Section 742.40
(a) A multiple employer welfare arrangement shall offer health care coverage benefits to any new eligible person and his or her dependents under terms and...
- California Insurance Code Section 742.405
(a) No multiple employer welfare arrangement shall refuse to enroll any person or accept any person as a subscriber or renew any person as a...
- California Insurance Code Section 742.407
(a) This section shall apply to the disclosure of genetic test results contained in an applicant or enrollee's medical records by a multiple employer welfare...
- California Insurance Code Section 742.41
All employer groups who have health care coverage benefits provided by a multiple employer welfare arrangement for their employees and their dependents, regardless of individual...
- California Insurance Code Section 742.42
The provisions of this code governing domestic incorporated insurers, their business, and their contracts shall, so far as applicable and not inconsistent, govern multiple employer...
- California Insurance Code Section 742.425
The provisions of this article shall not apply to multiple employer welfare arrangements as defined in Section 1144(b)(6)(D) of Title 29 of the United States
- California Insurance Code Section 742.43
The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
- California Insurance Code Section 750
(a) Except as provided in Section 750.5, any person acting individually or through his or her employees or agents, who engages in the practice of...
- California Insurance Code Section 750.4
Section 750 of the Insurance Code, Sections 3215 and 3219 of the Labor Code, and Section 549 of the Penal Code shall not apply to...
- California Insurance Code Section 750.5
Nothing in Section 750 of the Insurance Code, Section 549 of the Penal Code, or Section 3215 of the Labor Code shall be construed to...
- California Insurance Code Section 753
(a) It is unlawful for any insurance agent or broker, or any insurance solicitor employed thereby, to receive any financial benefit from an automobile repair...
- California Insurance Code Section 754
(a) It is unlawful for any person to solicit, receive, offer, or pay any referral fee for the referral of an individual for the furnishing...
- California Insurance Code Section 755
If at the time of the solicitation and issuance of a policy of life or disability insurance, or of a surety bond which by its...
- California Insurance Code Section 756
When the premium on a policy insuring an employer is based upon the amount or segregation of the employer's payroll, and the employer, personally or...
- California Insurance Code Section 757
When a statement of the amount or segregation of a payroll is materially false, and an insurer, through a person employed by it in a...
- California Insurance Code Section 758
(a) It is unlawful for an insurer to require an auto body repair shop registered pursuant to Sections 9884 and 9889.52 of the Business and...
- California Insurance Code Section 758.5
(a) No insurer shall require that an automobile be repaired at a specific automotive repair dealer, as defined in Section 9880.1 of the Business and...
- California Insurance Code Section 758.7
An insurer, upon receiving notice from an insured, shall reimburse any fees and extra premium charged to an insured due to a late premium payment...
- California Insurance Code Section 759
This article establishes consumer protections in connection with retail sales practices, solicitations, advertising, or offers of any insurance product or annuity to a consumer by...
- California Insurance Code Section 760
As used in this article, the following terms have the following meanings: (a) "Affiliate" has the same meaning as defined in Section 1215. (b) "Depository...
- California Insurance Code Section 761
(a) A covered person shall not engage in any practice that would lead a consumer to believe that an extension of credit, in violation of...
- California Insurance Code Section 762
(a) In connection with the initial purchase of an insurance product or annuity by a consumer from a covered person, a covered person shall disclose...
- California Insurance Code Section 763
(a) A depository institution shall, to the extent practicable, keep the area where the depository institution conducts transactions involving insurance products or annuities physically segregated...
- California Insurance Code Section 764
A depository institution may not permit any person to sell or offer for sale any insurance product or annuity in any part of its office...
- California Insurance Code Section 765
The commissioner may adopt reasonable regulations necessary to administer this article.
- California Insurance Code Section 769
(a) After a written agency or written brokerage contract, where the broker-agent represents the insurer, has been in effect for at least one year, it...
- California Insurance Code Section 769.2
(a) In determining the amount of an insurer's rollback obligation pursuant to Section 1861.01 or any regulations promulgated to implement this section, each insurer shall...
- California Insurance Code Section 769.55
Notwithstanding any other provision of this code, for the purposes of Chapter 6 (commencing with Section 520) through Chapter 11 (commencing with Section 675), inclusive...
- California Insurance Code Section 769.80
This act shall be known and may be cited as the Managing General Agents Act.
- California Insurance Code Section 769.81
As used in this article: (a) "Actuary" means a person who is a member in good standing of the American Academy of Actuaries, the Casualty...
- California Insurance Code Section 769.82
(a) No producer shall act in the capacity of an MGA with respect to risks located in this state for an insurer which holds a...
- California Insurance Code Section 769.83
No producer acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between the...
- California Insurance Code Section 769.84
(a) The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has...
- California Insurance Code Section 769.85
The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined...
- California Insurance Code Section 769.86
(a) If the commissioner finds after hearing that any person has violated any provision of this article he or she may order any of the...
- California Insurance Code Section 769.87
The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
- California Insurance Code Section 770
No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or...
- California Insurance Code Section 770.1
No person making a loan of money on the security of real property shall use or make available to any person information contained in a...
- California Insurance Code Section 770.3
No state department or agency shall negotiate any life or disability insurance or require the placing of that insurance through particular agents, brokers, or companies,...
- California Insurance Code Section 771
Sections 770 and 770.1 shall not prevent: (a) The exercise by any person engaged in such business of his right to approve or disapprove, for...
- California Insurance Code Section 771.01
No person making a loan of money on the security of residential real property shall reject or refuse to accept a policy of fire and...
- California Insurance Code Section 771.02
When a lender or purchaser of a mortgage on real property has required and obtained a copy of the insurance policy covering that real property,...
- California Insurance Code Section 771.1
Nothing in this article shall prevent any person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions...
- California Insurance Code Section 772
In any trial, hearing or proceeding to determine a violation of this article a written statement signed by the person for whom any purchase is...
- California Insurance Code Section 773
The commissioner may suspend or revoke any license held by any person who violates Section 770, pursuant to Article 13 of Chapter 5 of this
- California Insurance Code Section 774
The commissioner, after hearing upon notice, may issue a cease and desist order to any person if he finds that such person has, in more...
- California Insurance Code Section 775
The commissioner may investigate any person, whether licensed or not, for the purpose of determining if there has been any violation of this article, however,...
- California Insurance Code Section 776
No person who sells real property shall require, as a condition precedent to the sale of such real property, that the person buying the real...
- California Insurance Code Section 777.1
No insurer shall participate in any plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement...
- California Insurance Code Section 777.2
If any insurer, agent, broker or solicitor wilfully violates the provisions of this article, the Insurance Commissioner may suspend or revoke his certificate or license...
- California Insurance Code Section 777.3
As used in this article "insurer" includes any person or organization to which Article 4 (commencing with Section 730), Chapter 1, Part 2, Division 1...
- California Insurance Code Section 778
As used in this article, "premium financing" means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the...
- California Insurance Code Section 778.1
As used in this article, "premium finance agreement" means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a...
- California Insurance Code Section 778.2
(a) Any person engaged in business as an insurance agent or broker and who participates in the arrangement of a premium financing agreement shall, if...
- California Insurance Code Section 778.3
The amount of the periodic finance charges, if any, imposed for the premium financing purchased and the annual percentage rate associated with those charges shall...
- California Insurance Code Section 778.4
(a) Every fire and casualty broker-agent shall, prior to arranging premium financing for any new or renewal policy of insurance specified in Section 660, do...
- California Insurance Code Section 779.1
The purpose of this article is to promote the public welfare by regulating credit life insurance and credit disability insurance. Nothing in this article is...
- California Insurance Code Section 779.2
All life insurance and all disability insurance sold in connection with loans or other credit transactions shall be subject to the provisions of this article,...
- California Insurance Code Section 779.3
Credit life insurance and credit disability insurance shall be issued only in the following forms: (a) Individual policies of life insurance issued to debtors on...
- California Insurance Code Section 779.4
(a) The amount of credit life insurance and credit disability insurance shall not exceed, but, except as provided in subdivision (b), may be less than,...
- California Insurance Code Section 779.5
The term of any credit life insurance or credit disability insurance shall, subject to acceptance by the insurer, commence on the date when the debtor...
- California Insurance Code Section 779.6
Notwithstanding the provisions of Section 10203.5, all credit life insurance and credit disability insurance subject to this article shall be evidenced by an individual policy,...
- California Insurance Code Section 779.7
If a creditor requires a debtor to make any payment for credit life insurance or credit disability insurance, and an individual policy or group certificate...
- California Insurance Code Section 779.8
All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state and the...
- California Insurance Code Section 779.9
The commissioner shall within 30 days after the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and...
- California Insurance Code Section 779.10
The provisions of Sections 10290 and 10291 relating to the filing, approval and disapproval of disability policy forms shall be applicable to forms, whether of...
- California Insurance Code Section 779.11
The provisions of subdivisions (d) and (e) of Section 10291.5 shall be applicable to the withdrawal of the approval of forms, whether of life or...
- California Insurance Code Section 779.12
Any order or final determination of the commissioner under the provisions of Sections 779.8 to 779.11, both inclusive, shall be subject to judicial review.
- California Insurance Code Section 779.12a
If a group policy of credit life insurance or credit disability insurance (1) has been delivered in this State before September 18, 1959, or (2)...
- California Insurance Code Section 779.13
Any insurer may revise its schedules of premium rates from time to time, and shall file such revised schedules with the commissioner. No insurer shall...
- California Insurance Code Section 779.14
(a) Each individual policy, group certificate, or notice of proposed insurance shall provide that in the event of termination of the insurance prior to the...
- California Insurance Code Section 779.15
If a creditor requires a debtor to make any payment for credit life insurance or credit disability insurance and an individual policy or group certificate...
- California Insurance Code Section 779.16
The amount charged to a debtor for any credit life or credit disability insurance shall not exceed the premium rates filed with the commissioner for...
- California Insurance Code Section 779.17
Nothing in this act shall be construed to authorize any charge now prohibited under any statute or rule governing credit transactions, irrespective of whether the...
- California Insurance Code Section 779.18
All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this State only by an admitted insurer,...
- California Insurance Code Section 779.19
All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall...
- California Insurance Code Section 779.20
When credit life insurance or credit disability insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have...
- California Insurance Code Section 779.21
The commissioner may adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,...
- California Insurance Code Section 779.22
The commissioner, in his discretion, may revoke or suspend the license or certificate of authority of any person guilty of a violation of any provisions...
- California Insurance Code Section 779.23
Whenever the commissioner finds that there has been a violation by an insurer of this article or any rules or regulations issued pursuant thereto, he...
- California Insurance Code Section 779.24
Any party affected by an order of the commissioner shall be entitled to judicial review in accordance with the provisions of Section 12940.
- California Insurance Code Section 779.25
If any provision of this article, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the...
- California Insurance Code Section 779.26
Credit life insurance and credit disability insurance within the scope of this article, where the form of policy including the premium rates pertaining thereto have...
- California Insurance Code Section 779.27
In accordance with this article and the regulations adopted pursuant to Section 779.21, the commissioner shall, after notice and public hearing, promulgate regulations setting forth...
- California Insurance Code Section 779.28
For purposes of establishing the fact of disability in credit disability insurance, chiropractors' certifications of disability when made within the scope of their license shall...
- California Insurance Code Section 779.30
(a) An individual policy or group certificate may exclude from credit disability insurance coverage only those preexisting illnesses, diseases, or physical conditions for which the...
- California Insurance Code Section 779.31
The debtor shall have the right to terminate credit life insurance or credit disability insurance at any time for any reason upon notice to the...
- California Insurance Code Section 779.32
(a) The term "compensation," for the purpose of this article means any valuable consideration including, but not limited to, all paid or credited commissions, contingent...
- California Insurance Code Section 779.33
The use of compensating balances or special deposit accounts in connection, either directly or indirectly, with a credit life insurance program or a credit disability...
- California Insurance Code Section 779.36
(a) The commissioner shall adopt regulations that become effective no later than January 1, 2001, specifying prima facie rates based upon presumptive loss ratios, with...
- California Insurance Code Section 780
An insurer or officer or agent thereof, or an insurance broker or solicitor shall not cause or permit to be issued, circulated or used, any...
- California Insurance Code Section 781
(a) A person shall not make any statement that is known, or should have been known, to be a misrepresentation (1) to any other person...
- California Insurance Code Section 782
Any person who violates the provisions of Section 780 or 781 is punishable by a fine not exceeding twenty-five thousand dollars ($25,000), or in a...
- California Insurance Code Section 783
Whenever any insurance agent, broker, or solicitor knowingly violates any provisions of Sections 780 or 781, the commissioner, after a hearing in accordance with the...
- California Insurance Code Section 783.5
If an insurer knowingly violates any provision of Sections 780 or 781, or knowingly permits any officer, agent, or employee so to do, the commissioner,...
- California Insurance Code Section 784
Any person may be compelled to testify and produce books and writings at the trial or hearing of any person charged with violating any provision...
- California Insurance Code Section 785
(a) All insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older,...
- California Insurance Code Section 786
All disability insurance and life insurance policies and certificates offered for sale to individuals age 65 or older in California shall provide an examination period...
- California Insurance Code Section 786.5
(a) All brokers, agents, or other entities offering a contract of disability insurance to persons 65 years of age or older in this state shall...
- California Insurance Code Section 787
Any advertisement or other device designed to produce leads based on a response from a potential insured which is directed towards persons age 65 or...
- California Insurance Code Section 788
An insurer, agent, broker, or other person engaged in the transaction of insurance shall not knowingly recommend for sale, or sell, disability insurance providing health...
- California Insurance Code Section 788.5
No insurer, broker, agent, or other person shall cause an insured aged 65 years or older to replace a disability insurance policy or certificate unnecessarily....
- California Insurance Code Section 788.7
No insurer, broker, agent, or other person shall knowingly recommend for purchase or sell disability insurance to a person age 65 or older which results...
- California Insurance Code Section 789
(a) The commissioner shall have the administrative authority to assess penalties against insurers, brokers, agents, and other entities engaged in the transaction of insurance or...
- California Insurance Code Section 789.3
(a) Any broker, agent, or other person or other entity engaged in the transactions of insurance, other than an insurer, who violates this article is...
- California Insurance Code Section 789.5
If any provision of this article or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions...
- California Insurance Code Section 789.6
(a) Insurance policies or certificates of disability insurance sold to persons age 65 or older shall return to policyholders or certificate holders benefits that have...
- California Insurance Code Section 789.7
(a) Sales of disability insurance regulated by this article, as well as Medicare supplement insurance and long-term care insurance sold to persons aged 6 |