GENERAL PROVISIONS
General Provisions enacted by Stats. 1935, Ch. 145.
§§ 1–48 · 54 sections
- § 1 This act shall be known as the Insurance Code.
- § 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 be…
- § 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code,…
- § 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 thereafter…
- § 5 Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.
- § 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,…
- § 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 may be exercised or the duty…
- § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required…
- § 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 amendments and additions…
- § 10 “Section” means a section of this code unless some other statute is specifically mentioned and “subdivision” or “subsection” means a subdivision or subsection…
- § 11 The present tense includes the past and future tenses; and the future, the present.
- § 12 The masculine gender includes the feminine and neuter.
- § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
- § 13 The singular number includes the plural, and the plural the singular.
- § 14 “County” includes “city and county.”
- § 15 “City” includes “city and county.”
- § 16 As used in this code the word “shall” is mandatory and the word “may” is permissive, unless otherwise apparent from the context.
- § 17 “Oath” includes affirmation.
- § 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…
- § 19 “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.
- § 20 “Commissioner” means the Insurance Commissioner of this State.
- § 20.5 Whenever in this code the terms “State Industrial Accident Commission” or “Industrial Accident Commission” or “commission,” relating to the said “State…
- § 21 “Division,” and “department,” in reference to the government of this state, mean the Department of Insurance of this state.
- § 21.5 (a) “Administrative law bureau” or “administrative hearing bureau” means the unit within the Department of Insurance that provides administrative hearings. (b)…
- § 22 Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from a contingent or unknown event.
- § 23 The person who undertakes to indemnify another by insurance is the insurer, and the person indemnified is the insured.
- § 24 “Admitted,” in relation to a person, means entitled to transact insurance business in this state, having complied with the laws imposing conditions precedent…
- § 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…
- § 26 “Domestic” means organized under the laws of this State, whether or not admitted.
- § 27 “Foreign” means not organized under the laws of this State, whether or not admitted.
- § 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 Columbia,…
- § 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…
- § 30 “Resident” means residing in this State, “nonresident” means not residing in this State.
- § 31 “Insurance agent” means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health…
- § 32 (a) A life and accident and health or sickness licensee is a person authorized to act as a life agent on behalf of a life insurer or a disability insurer to…
- § 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 source other than an…
- § 33 “Insurance broker” means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but…
- § 33.5 (a) “Casualty broker-agent” means a person licensed pursuant to Section 1625. (b) “Property broker-agent” means a person licensed pursuant to Section 1625.
- § 34 “Insurance solicitor” means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in…
- § 35 “Transact” as applied to insurance includes any of the following: (a) Solicitation. (b) Negotiations preliminary to execution. (c) Execution of a contract of…
- § 36 “Paid-in capital” or “capital paid-in” means: (a) In the case of a foreign mutual insurer not issuing or having outstanding capital stock, the value of its…
- § 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 or…
- § 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, postage…
- § 38.6 (a) (1) A written record required to be given or mailed to a person by a licensee, including an offer of renewal required by Sections 663 and 678, the notice…
- § 38.8 Insurers shall maintain a system for electronically confirming a policyholder’s decision to opt in to an agreement to conduct transactions electronically and a…
- § 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 application of such…
- § 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 any repeal of the laws…
- § 41 All insurance in this State is governed by the provisions of this code.
- § 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 a group…
- § 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…
- § 45 (a) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is…
- § 46 The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation.” In furtherance of…
- § 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 of…
- § 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…