California Insurance Code ARTICLE 3 - Rating and Other Organizations

  • Section 11750.
    (a) The purpose of this article is to promote the public welfare by regulating concert of action between insurers in collecting and tabulating rating information and...
  • Section 11750.1.
    As used in this article, unless a different meaning is manifest, the term:(a) “Insurer” means every insurer authorized to transact workers’ compensation insurance and employer’s liability...
  • Section 11750.2.
    The provisions of this article shall apply to all workers’ compensation insurance and employer’s liability insurance incidental thereto and written in connection therewith in this...
  • Section 11750.3.
    A rating organization may be organized pursuant to this article and maintained in this state for the following purposes:(a) To provide reliable statistics and rating information...
  • Section 11751.
    On and after January 1, 1952, a rating organization shall not conduct its operations in this state without first having filed with the commissioner a...
  • Section 11751.1.
    To obtain and retain a license, a rating organization shall provide satisfactory evidence to the commissioner that it shall do all of the following:(a) Permit any...
  • Section 11751.2.
    The commissioner shall examine each application for license to act as a rating organization and the documents filed therewith and may make any further investigation...
  • Section 11751.25.
    Notwithstanding Section 11751, each rating organization possessing a license of indefinite term pursuant to this article shall owe and pay to the commissioner an annual...
  • Section 11751.3.
    (a) Subject to the approval of the commissioner, a rating organization licensed under this article may adopt any reasonable constitution, articles of incorporation, or agreement of...
  • Section 11751.35.
    (a) Four members of the public, two representing organized labor and two representing insured employers, appointed pursuant to subdivision (b) of Section 11751.3, shall be entitled...
  • Section 11751.4.
    From and after the taking effect of this act, it shall be the duty of every insurer to be a member of a rating organization....
  • Section 11751.5.
    The commissioner, after notice and hearing, may promulgate reasonable rules and statistical plans, which may be modified from time to time and which shall be...
  • Section 11751.55.
    If an insurer, the State Compensation Insurance Fund, a rating organization, or an advisory organization requests an official action by the commissioner under Chapters 2...
  • Section 11751.7.
    (a) The rating organization designated the statistical agent pursuant to Section 11751.5 shall provide to the Director of Industrial Relations, upon request, any information in the...
  • Section 11751.8.
    An insurer shall report to its rating organization as corrections or revisions of losses, pursuant to the unit statistical plan and uniform experience rating plans...
  • Section 11751.82.
    (a) An insurer under a wrap-up insurance policy shall report workers’ compensation losses and payroll information for each contractor and subcontractor to its rating organization on...
  • Section 11751.9.
    Whenever a claim or claims used in an experience rating are closed and reported pursuant to the unit statistical plan approved by the commissioner and...
  • Section 11752.
    The commissioner may, as often as reasonable and necessary, make or cause to be made an examination of each rating or advisory organization to ascertain...
  • Section 11752.1.
    The officers, managers, agents and employees of any such organization may be examined by the commissioner at any time under oath and shall exhibit all...
  • Section 11752.2.
    The reasonable cost of any examination authorized by this article of any rating or advisory organization shall be paid by the organization examined.(Added by Stats....
  • Section 11752.5.
    (a) Subject to subdivision (b), a licensed rating organization shall make available any policy information contained in its records to the following:(1) The Department of Industrial Relations.(2) Any...
  • Section 11752.6.
    (a) A licensed rating organization shall make available, in writing, to an employer insured under a workers’ compensation policy, all policyholder information contained in its records...
  • Section 11752.7.
    (a) A licensed rating organization may make available experience rating information contained in its records to any insurer admitted to transact workers’ compensation insurance in this...
  • Section 11752.75.
    (a) (1) Notwithstanding any other provision of law, a licensed rating organization shall, pursuant to regulations adopted by the commissioner after notice and hearing, establish and maintain...
  • Section 11752.8.
    (a) For all policies of insurance issued, or renewed for the first time on or after January 1, 1995, the insurer shall provide a notice, approved...
  • Section 11752.9.
    Notwithstanding subdivision (d) of Section 11750.3, a rating organization shall provide a policyholder with written notification if it imposes a change in the classification assignment...
  • Section 11753.
    No advisory organization shall conduct its operations in this State unless and until it has filed with the commissioner:a. A copy of its constitution, articles of...
  • Section 11753.1.
    (a) Any person aggrieved by any decision, action, or omission to act of a rating organization may request that the rating organization reconsider the decision, action,...
  • Section 11753.2.
    (a) If a change in a classification assignment on a workers’ compensation insurance policy is due to an erroneous classification and results in a decreased premium,...
  • Section 11753.3.
    Notwithstanding Section 1851.1, a workers’ compensation insurance rating organization licensed pursuant to the provisions of this article which does not make rates, rating plans or...
  • Section 11754.
    If the commissioner has good cause to believe that a rating or advisory organization or an insurer does not comply with the requirements of this...
  • Section 11754.1.
    If the commissioner has good cause to believe such noncompliance to be wilful, or if within the period prescribed by the commissioner in the notice...
  • Section 11754.2.
    If, after a hearing pursuant to Section 11754.1, the commissioner finds:a. That any rating or advisory organization or other organization authorized by this article or any...
  • Section 11754.3.
    In addition to other penalties provided in this code the commissioner may suspend or revoke the license of any rating organization or insurer which fails...
  • Section 11754.4.
    Except as otherwise provided in this article, all proceedings in connection with the denial, suspension or revocation of a license of a rating organization or...
  • Section 11754.5.
    Any finding, determination, rule, ruling, or order made by the commissioner under this article or Article 2 (commencing with Section 11730) shall be subject to...
  • Section 11755.
    No person, insurer, rating or advisory organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner or to any...
  • Section 11756.
    (a) Any person, insurer, or organization, who fails to comply with a final order of the commissioner under this article shall be liable to the state...
  • Section 11757.
    Nothing in this article shall be construed to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers...
  • Section 11758.
    No act done, action taken or agreement made pursuant to the authority conferred by this article shall constitute a violation of or grounds for prosecution...
  • Section 11758.1.
    The provisions of this article shall not apply to the workers’ compensation insurance covering those persons defined as employees by subdivision (d) of Section 3351...
  • Section 11759.
    The Legislature hereby finds and declares as follows: The Legislature pursuant to its plenary power over workers’ compensation granted by Section 4 of Article XIV...
  • Section 11759.1.
    A rating organization shall, no later than June 1 of each year, notify the Governor and the Legislature that a report containing an analysis of...
  • Section 11759.2.
    (a) A licensed rating organization designated as the Insurance Commissioner’s statistical agent shall prepare a report to be submitted to the Insurance Commissioner by April 1,...

Last modified: October 22, 2018