(a) The obligations imposed by this article shall apply to those insurance institutions, agents or insurance-support organizations which, on or after October 1, 1981:
(1) In the case of life or disability insurance:
(A) Collect, receive or maintain information in connection with insurance transactions which pertains to natural persons who are residents of this state, or
(B) Engage in insurance transactions with applicants, individuals or policyholders who are residents of this state.
(2) In the case of property or casualty insurance:
(A) Collect, receive or maintain information in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state, or
(B) Engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state.
(b) The rights granted by this article shall extend to:
(1) In the case of life or disability insurance, the following persons who are residents of this state:
(A) Natural persons who are the subject of information collected, received or maintained in connection with insurance transactions.
(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions.
(2) In the case of property or casualty insurance, the following persons:
(A) Natural persons who are the subject of information collected, received or maintained in connection with insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state, and
(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts or certificates of insurance delivered, issued for delivery or renewed in this state.
(c) For purposes of this section, a person shall be considered a resident of this state if the person’s last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this state.
(d) This article shall not apply to any person or entity engaged in the business of title insurance as defined in Section 12340.3.
(e) This article shall not apply to a person or entity engaged in the business of a home protection company, as defined in Section 12740, which does not obtain or maintain personal information, as defined in this article, of its policyholders and applicants.
(f) Insurance institutions, agents, insurance support organizations or any insurance transaction subject to this article shall be exempt from Part 2.6 (commencing with Section 56) of Division 1 of, and Sections 1785.20 and 1786.40 of, the Civil Code.
(Amended (as amended by Stats. 1981, Ch. 106) by Stats. 1981, Ch. 121, Sec. 1. Effective June 30, 1981. Note: This amendment (by Stats. 1981, Ch. 121) delayed the applicability date for Article 6.6 (commencing with Section 791) from July 1, 1981 to October 1, 1981.)
Last modified: October 25, 2018