CHAPTER 1. General Regulations [680. - 1113.]

Chapter 1 enacted by Stats. 1935, Ch. 145.

§§ 680–1113 · 675 sections

1. ARTICLE 1. Charter Requirements § 680 · 1 section

   • § 680 An insurer shall not transact any class of insurance which is not authorized by its charter.
2. ARTICLE 1.5. Retaliation §§ 685–685.5 · 6 sections

   • § 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 any fines, penalties,…
   • § 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 purpose obligations or…
   • § 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 in which is located…
   • § 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 duty of…
   • § 685.4 The provisions of this article shall also be applicable to reciprocals or interinsurance exchanges and fraternal benefit societies.
   • § 685.5 The reduction in the gross premiums tax rate made by Section 12202.2 of the Revenue and Taxation Code shall not be considered in any determination by the…
3. ARTICLE 1.7. Continuity of Management §§ 688–688.5 · 6 sections

   • § 688 The Legislature declares that it is desirable for the general welfare and in particular for the welfare of insurance beneficiaries, policyholders, injured…
   • § 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 power to adopt…
   • § 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…
   • § 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 in the event of the…
   • § 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 home office or…
   • § 688.5 “Insurer” as used in this article includes insurance corporations and insurer organizations of every type and reciprocal or interinsurance exchanges and the…
4. ARTICLE 2. Capital Structure § 690 · 1 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 this State or admitted to transact…
5. ARTICLE 3. Certificate of Authority §§ 699–728 · 43 sections

   • § 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…
   • § 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…
   • § 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 or by a…
   • § 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 Compensation…
   • § 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, any incorporated…
   • § 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 100 unless at…
   • § 700.025 An insurer, including a reciprocal or interinsurance exchange, admitted on January 1, 1970, to transact automobile liability insurance under class 8 and…
   • § 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…
   • § 700.04 Paid-in capital for life insurers is governed by Section 10510 of this code, for title insurers by Section 12359, and for mortgage guaranty insurers by 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…
   • § 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 or…
   • § 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…
   • § 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 insurer in…
   • § 703.1 (a) Any nonadmitted insurer that is an eligible surplus line insurer pursuant to Section 1765.1 may advertise in all media, provided that all of the following…
   • § 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 of any…
   • § 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,…
   • § 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 under…
   • § 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 of…
   • § 705 The commissioner shall require the payment of one hundred thirty-six dollars ($136), in advance, as a fee for filing an application for each amendment of a…
   • § 705.1 The commissioner shall require the payment of four thousand two hundred thirty-three dollars ($4,233), in advance, as a fee for filing an application and all…
   • § 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…
   • § 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,…
   • § 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 or persons…
   • § 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…
   • § 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,…
   • § 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 and…
   • § 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 of writing insurance may…
   • § 710 If there are any written articles of agreement or association, a copy thereof shall accompany such certificates.
   • § 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 officers or…
   • § 713 (a) 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 article by a…
   • § 714 The commissioner shall require the payment of seventy-two dollars ($72), in advance, as a fee for filing papers required under Section 713, on account of…
   • § 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…
   • § 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 for…
   • § 717 Before granting a certificate of authority or amended certificate of authority to any applicant, the commissioner shall consider the qualifications of said…
   • § 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…
   • § 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 authority…
   • § 717.5 (a) For purposes of Sections 700 and 717, the commissioner may determine that an insurer admitted and domiciled in this state, or an insurer applying to become…
   • § 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…
   • § 720 The commissioner may after notice and hearing promulgate such reasonable rules and regulations, and amendments and additions thereto, as are necessary or…
   • § 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…
   • § 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 substantially…
   • § 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.
   • § 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…
6. ARTICLE 4. Examination by Commissioner §§ 729–738 · 12 sections

   • § 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 in,…
   • § 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…
   • § 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 insurer is…
   • § 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 of this…
   • § 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 examine…
   • § 734 Every company or person from whom information is sought, and its officers, directors, employees, and agents, shall provide to the examiners appointed pursuant…
   • § 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 the…
   • § 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 the…
   • § 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…
   • § 736 All examinations and analyses performed pursuant to Section 730 shall be at the expense of the insurer, organization, or person examined, except that special…
   • § 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…
   • § 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 the…
7. ARTICLE 4.1. Risk-Based Capital for Insurers §§ 739–739.12 · 12 sections

   • § 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…
   • § 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 RBC Levels as of the…
   • § 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 the following: (A) The…
   • § 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 insurer that…
   • § 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 insurer’s Total…
   • § 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 Capital…
   • § 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 record, at which the…
   • § 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 schedule, and…
   • § 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 other powers or…
   • § 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 calendar year just…
   • § 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…
   • § 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…
8. ARTICLE 4.5. Special Provisions Regarding Health Coverage §§ 740–742.1 · 3 sections

   • § 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,…
   • § 742 (a) Any person or other entity that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology,…
   • § 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, for the benefit…
9. ARTICLE 4.7. Multiple Employer Welfare Arrangements §§ 742.20–742.43 · 29 sections

   • § 742.20 The Legislature finds and declares the following: (a) An alternative to insurance programs, health care maintenance organizations, and panel provider…
   • § 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 States…
   • § 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 to…
   • § 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…
   • § 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…
   • § 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…
   • § 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)…
   • § 742.25 In determining the qualification of a multiple employer welfare arrangement, the commissioner will consider, among other things: (a) The history of the…
   • § 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…
   • § 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…
   • § 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:…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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 or…
   • § 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 hearing…
   • § 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…
   • § 742.39 The commissioner shall require the payment of five thousand two hundred twenty-nine dollars ($5,229), in advance, as a fee for filing an application for each…
   • § 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…
   • § 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 subscriber after…
   • § 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…
   • § 742.41 All employer groups who have health care coverage benefits provided by a multiple employer welfare arrangement for their employees and their dependents,…
   • § 742.42 The provisions of this code governing domestic incorporated insurers, their business, and their contracts shall, so far as applicable and not inconsistent,…
   • § 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…
   • § 742.43 The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
10. ARTICLE 5. Unlawful Referrals §§ 750–754 · 5 sections

    • § 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 processing,…
    • § 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 any person, corporation,…
    • § 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 prevent an attorney or law…
    • § 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…
    • § 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 of services or goods…
11. ARTICLE 5.1. Unlawful Practices §§ 755–758.7 · 7 sections

    • § 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 terms continues until canceled, a…
    • § 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 knowingly…
    • § 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 managerial capacity,…
    • § 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 Professions Code, as…
    • § 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…
    • § 758.6 Insurers shall not engage in capping. For the purposes of this section, “capping” means offering or paying an amount that is unrelated to a methodology used in…
    • § 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 or a lapse in…
12. ARTICLE 5.2. Consumer Protection in Sales of Insurance by or Through Depository Institutions §§ 759–765 · 7 sections

    • § 759 This article establishes consumer protections in connection with retail sales practices, solicitations, advertising, or offers of any insurance product or…
    • § 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…
    • § 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 subsection (b) of…
    • § 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 to the…
    • § 763 (a) A depository institution shall, to the extent practicable, keep the area where the depository institution conducts transactions involving insurance…
    • § 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 or on its behalf,…
    • § 765 The commissioner may adopt reasonable regulations necessary to administer this article.
13. ARTICLE 5.3. Agents and Brokers §§ 769–769.56 · 5 sections

    • § 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 shall not…
    • § 769.1 A commission payable to a broker-agent shall be at the rate and in accordance with the terms agreed to in writing between the insurer and the broker-agent.…
    • § 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…
    • § 769.55 (a) Notwithstanding any other provision of this code, for the purposes of Chapter 6 (commencing with Section 520) through Chapter 11 (commencing with Section…
    • § 769.56 (a) A material change made by a health insurer, as defined in subdivision (b) of Section 106, to the terms and conditions of a contract between the health…
14. ARTICLE 5.4. Managing General Agents §§ 769.80–769.87 · 8 sections

    • § 769.80 This act shall be known and may be cited as the Managing General Agents Act.
    • § 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 Actuarial Society, or…
    • § 769.82 (a) No producer shall act in the capacity of an MGA with respect to risks located in this state for an insurer that holds a certificate of authority unless…
    • § 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 parties which sets…
    • § 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 done business.…
    • § 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 as if it were the insurer.
    • § 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 following: (1) For each…
    • § 769.87 The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
15. ARTICLE 5.5. Insurance in Connection With Sales and Loans §§ 770–776 · 12 sections

    • § 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 personal property and…
    • § 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 policy of fire or…
    • § 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…
    • § 771 Sections 770 and 770.1 shall not prevent: (a) The exercise by any person engaged in that business of that person’s right to approve or disapprove, for…
    • § 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 casualty insurance…
    • § 771.02 (a) 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, it shall be…
    • § 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 Code…
    • § 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 financed, to…
    • § 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 part.
    • § 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 than one transaction,…
    • § 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,…
    • § 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 property negotiate…
16. ARTICLE 5.7. Free Insurance §§ 777.1–777.3 · 3 sections

    • § 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 to the purchase or…
    • § 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…
    • § 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 is…
17. ARTICLE 5.8. Premium Financing §§ 778–778.4 · 5 sections

    • § 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…
    • § 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 lender in…
    • § 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 he…
    • § 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…
    • § 778.4 (a) Every property broker-agent and every casualty broker-agent shall, prior to arranging premium financing for any new or renewal policy of insurance…
18. ARTICLE 5.9. Credit Life and Disability Insurance §§ 779.1–779.36 · 34 sections

    • § 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…
    • § 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,…
    • § 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…
    • § 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, the…
    • § 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 becomes…
    • § 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…
    • § 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 of…
    • § 779.8 All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in…
    • § 779.9 The commissioner shall within 30 days after the filing of any such policies, certificates of insurance, notices of proposed insurance, applications for…
    • § 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…
    • § 779.11 The provisions of subdivisions (f) and (g) of Section 10291.5 shall be applicable to the withdrawal of the approval of forms, whether of life or disability…
    • § 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.
    • § 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) has been or is…
    • § 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 issue…
    • § 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…
    • § 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 of…
    • § 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 the…
    • § 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…
    • § 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, and…
    • § 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…
    • § 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…
    • § 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, reasonable rules…
    • § 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 of…
    • § 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 shall…
    • § 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.
    • § 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 article, and…
    • § 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…
    • § 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…
    • § 779.28 For purposes of establishing the fact of disability in credit disability insurance, chiropractors’ certifications of disability when made within the scope of…
    • § 779.30 (a) An individual policy or group certificate may exclude from credit disability insurance coverage only those preexisting illnesses, diseases, or physical…
    • § 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 creditor. A…
    • § 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,…
    • § 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…
    • § 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…
19. ARTICLE 6. Misrepresentation of Policies §§ 780–784 · 6 sections

    • § 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 statement that is…
    • § 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 for the purpose of…
    • § 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 case in…
    • § 783 Whenever any insurance agent, broker, or solicitor knowingly violates any provisions of Sections 780 or 781, the commissioner, after a hearing in accordance…
    • § 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, after a…
    • § 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 of sections…
20. ARTICLE 6.3. Senior Insurance §§ 785–789.10 · 19 sections

    • § 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, a duty of…
    • § 785.1 (a) (1) An insurance broker or agent shall not participate in, be associated with, or employ any party that participates in, or is associated with, the…
    • § 785.4 (a) It shall be unlawful for any insurance agent who is not licensed as an attorney to deliver to a person who is 65 years of age or older, a living trust or…
    • § 785.5 An insurance broker or agent shall not participate in, be associated with, or employ any party that participates in, or is associated with, obtaining veterans…
    • § 786 All individual and group disability insurance policies and certificates, and all group life insurance policies and certificates offered for sale to individuals…
    • § 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 provide the…
    • § 787 Any advertisement or other device designed to produce leads based on a response from a potential insured that is directed towards persons 65 years of age or…
    • § 787.1 (a) The following definitions apply to this section: (1) “Senior designation” means any degree, title, credential, certificate, certification, accreditation,…
    • § 788 An insurer, agent, broker, or other person engaged in the transaction of insurance shall not knowingly recommend for sale, or sell, disability insurance…
    • § 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.…
    • § 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 in the…
    • § 789 (a) The commissioner shall have the administrative authority to assess penalties against insurers, brokers, agents, and other entities engaged in the…
    • § 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 liable for…
    • § 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…
    • § 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…
    • § 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 65…
    • § 789.8 (a) “Elder” for purposes of this section means any person residing in this state who is 65 years of age or older. (b) If a life agent offers to sell to an…
    • § 789.9 (a) In addition to any other reasons that a sale of an individual annuity to a senior may violate any provision of law, an annuity shall not be sold to a…
    • § 789.10 (a) This section applies to the sale, offering for sale, or generation of leads for the sale of life insurance, including annuities, to senior insureds or…
21. ARTICLE 6.5. Unfair Practices §§ 790–790.15 · 17 sections

    • § 790 The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of…
    • § 790.01 This article applies to reciprocal and interinsurance exchanges, Lloyds insurers, fraternal benefit societies, fraternal fire insurers, grants and annuities…
    • § 790.02 No person shall engage in this State in any trade practice which is defined in this article as, or determined pursuant to this article to be, an unfair method…
    • § 790.03 The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance. (a) Making, issuing,…
    • § 790.031 The requirements of subdivision (b) of Section 790.034, and Sections 2071.1 and 10082.3 shall apply only to policies of residential property insurance as…
    • § 790.034 (a) Regulations adopted by the commissioner pursuant to this article that relate to the settlement of claims shall take into consideration settlement practices…
    • § 790.035 (a) Any person who engages in any unfair method of competition or any unfair or deceptive act or practice defined in Section 790.03 is liable to the state for…
    • § 790.036 (a) It is an unfair and deceptive act or practice in the business of insurance for an insurer to advertise insurance that it will not sell. (b) Nothing in this…
    • § 790.037 (a) It is an unfair business practice for a health insurance agent or broker to sell, solicit, or negotiate the purchase of health insurance by any of the…
    • § 790.04 The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in the State in order to…
    • § 790.05 Whenever the commissioner shall have reason to believe that a person has been engaged or is engaging in this state in any unfair method of competition or any…
    • § 790.06 (a) Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of…
    • § 790.07 Whenever the commissioner shall have reason to believe that any person has violated a cease and desist order issued pursuant to Section 790.05 or a court order…
    • § 790.08 The powers vested in the commissioner in this article shall be additional to any other powers to enforce any penalties, fines or forfeitures, denials,…
    • § 790.09 No order to cease and desist issued under this article directed to any person or subsequent administrative or judicial proceeding to enforce the same shall in…
    • § 790.10 The commissioner shall, from time to time as conditions warrant, after notice and public hearing, promulgate reasonable rules and regulations, and amendments…
    • § 790.15 (a) If an insurer or any affiliate of an insurer has failed to pay any valid claim from Holocaust survivors, the certificate of authority of the insurer shall…
22. ARTICLE 6.6. Insurance Information and Privacy Protection Act §§ 791–791.29 · 29 sections

    • § 791 The purpose of this article is to establish standards for the collection, use and disclosure of information gathered in connection with insurance transactions…
    • § 791.01 (a) The obligations imposed by this article shall apply to those insurance institutions, agents or insurance-support organizations which, on or after October…
    • § 791.02 As used in this act: (a) (1) “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance…
    • § 791.03 No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with…
    • § 791.04 (a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance…
    • § 791.045 (a) (1) In addition to the notice required by Section 791.04, an insurance institution or agent shall provide a clear and conspicuous notice to customers that…
    • § 791.05 An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an…
    • § 791.06 Notwithstanding any other provision of law, no insurance institution, agent or insurance-support organization may utilize as its disclosure authorization form…
    • § 791.07 (a) No insurance institution, agent or insurance-support organization may prepare or request an investigative consumer report about an individual in connection…
    • § 791.08 (a) If any individual, after proper identification, submits a written request to an insurance institution, agent or insurance-support organization for access…
    • § 791.09 (a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information…
    • § 791.10 (a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant,…
    • § 791.11 No insurance institution, agent or insurance-support organization may seek information in connection with an insurance transaction concerning: (a) Any previous…
    • § 791.12 No insurance institution or agent may base an adverse underwriting decision in whole or in part on the following: (a) On the fact of a previous adverse…
    • § 791.13 An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or…
    • § 791.14 (a) The commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to…
    • § 791.15 (a) Whenever the commissioner has reason to believe that an insurance institution, agent or insurance-support organization has been or is engaged in conduct in…
    • § 791.16 For the purpose of this article, an insurance-support organization transacting business outside this state that has an effect on a person residing in this…
    • § 791.17 (a) If, after a hearing pursuant to Section 791.15, the commissioner determines that the insurance institution, agent or insurance-support organization charged…
    • § 791.18 (a) Any person subject to an order of the commissioner under Section 779.17 or Section 791.20 or any person whose rights under this article were allegedly…
    • § 791.19 Any person who violates a cease and desist order of the commissioner under Section 791.17 may, after notice and hearing and upon order of the commissioner, be…
    • § 791.20 (a) If any insurance institution, agent or insurance-support organization fails to comply with Section 791.08, 791.09 or 791.10 with respect to the rights…
    • § 791.21 No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged…
    • § 791.22 Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under…
    • § 791.23 The rights granted under Sections 791.08, 791.09 and 791.13 shall take effect on October 1, 1981, regardless of the date of the collection or receipt of the…
    • § 791.26 Where an authorization from the individual was granted to a nonprofit hospital service plan prior to October 1, 1981, such authorization shall be deemed to be…
    • § 791.27 (a) A disability insurer that provides coverage for hospital, medical, or surgical expenses shall not release any information to an employer that would…
    • § 791.28 (a) An insurer under a personal lines residential property insurance policy, if it reports the claims history or loss experience of insureds under those…
    • § 791.29 Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an…
23. ARTICLE 6.7. Joint Activities §§ 795–795.7 · 9 sections

    • § 795 It is the purpose of this article to provide a means of more adequately meeting the needs of persons who are 65 years of age or older and their spouses for…
    • § 795.1 Wherever used in this article, the following terms shall have the meanings hereinafter set forth or indicated, unless the context otherwise requires: (a)…
    • § 795.2 Notwithstanding any other provision of this code or any other law which may be inconsistent herewith, any insurer may join with one or more other insurers to…
    • § 795.25 Any association, organized in accordance with this article, may offer, issue and administer a policy, or policies, designed to specifically meet the…
    • § 795.3 Notwithstanding the provisions of Section 755.5 of this code, any person licensed to transact disability insurance as an insurance agent, insurance broker,…
    • § 795.4 Any association formed for the purposes of this article may hold title to property, may enter into contracts, and may limit the liability of its members to…
    • § 795.5 The forms of the policies, applications, certificates or other evidence of insurance coverage, commission schedules and applicable premium rates relating…
    • § 795.6 The articles of association of any association formed in accordance with this article, all amendments and supplements thereto, a designation in writing of a…
    • § 795.7 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 or…
24. ARTICLE 6.8. Claims Reviewers §§ 796.01–796.04 · 4 sections

    • § 796.01 Disability insurers and nonprofit hospital service plans shall, upon rejecting a claim from a health care provider or a patient, and upon their demand,…
    • § 796.02 Compensation of a person retained by a disability insurer to review claims for health care services shall not be based on either of the following: (a) A…
    • § 796.03 This article does not apply to services or benefits provided pursuant to Medi-Cal, including services or benefits provided under Chapters 7 (commencing with…
    • § 796.04 A health insurer that provides coverage for hospital, medical, or surgical expenses that authorizes a specific type of treatment for services covered under a…
25. ARTICLE 6.9. The Equal Insurance HIV Act §§ 799–799.11 · 11 sections

    • § 799 (a) The Legislature finds and declares all of the following: (1) Article 6.9 (commencing with Section 799) of Chapter 1 of Part 2 of Division 1 of the…
    • § 799.01 As used in this article, the following terms have the following meanings: (a) “AIDS” means acquired immunodeficiency syndrome. (b) “Certificate” means a…
    • § 799.02 (a) A life or disability income insurer shall not decline an application or an enrollment request for coverage under a policy or certificate for life insurance…
    • § 799.03 (a) A life or disability income insurer shall not require a test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability…
    • § 799.04 A life or disability income insurer shall not require an applicant to undergo an HIV test unless the cost of the test is borne by the insurer.
    • § 799.05 A life or disability income insurer shall not consider the marital status, actual or perceived sexual orientation, gender, gender identity, gender expression,…
    • § 799.06 All underwriting activities undertaken by life or disability income insurers pursuant to this article shall be subject to all applicable provisions of Article…
    • § 799.07 If an applicant has had a positive HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in…
    • § 799.09 A life or disability income insurer shall not require an applicant to take an HIV test if the results of the test would be used exclusively or nonexclusively…
    • § 799.10 (a) This section applies to the disclosure of the results of HIV tests requested by a life or disability income insurer pursuant to this article and,…
    • § 799.11 This article shall become operative on January 1, 2023.
26. ARTICLE 7. Restrictions on Underwriting §§ 800–805 · 6 sections

    • § 800 This article shall not apply to: (a) Insurers made exempt therefrom by other provisions of this code. (b) Insurance upon the interests of common carriers…
    • § 801 The amendments made in any sections contained in this article by the Statutes of the 1969 Regular Session of the Legislature shall not repeal, rescind or…
    • § 802 Any admitted insurer may, by means of temporary binders, execute contracts of insurance at offices outside this state upon subject matter located in this state…
    • § 803 (a) No admitted insurer shall assume or reinsure the liabilities of a nonadmitted insurer upon subject matter located in this state for the purpose of…
    • § 804 Any insurer willfully violating any provision of this article is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars…
    • § 805 The license of any licensee that is suspended by the Secretary of State shall become inactive. The inactive licensee shall not conduct any activity for which a…
27. ARTICLE 7.3. Servicing of Insurance Contracts § 810 · 1 section

    • § 810 An admitted insurer, without first obtaining the written consent of the commissioner, shall not enter into any agreement or arrangement with any nonadmitted…
28. ARTICLE 7.5. Restrictions on Compensation of Adjusters §§ 815–816 · 2 sections

    • § 815 No insurer shall pay any representative given discretion as to the settlement or adjustment of claims under life or disability policies, whether in direct…
    • § 816 No insurer shall pay any person given discretion as to settlement of claims under any policy of insurance, or surety bond, whether in direct negotiation with…
29. ARTICLE 8. Issue of Securities §§ 820–860 · 49 sections

    • § 820 The terms used in this article shall be given the meanings herein set forth, but such meanings shall not, merely by reason of enactment in this article, govern…
    • § 821 “Security” means every instrument commonly known by that term, except: (a) Commercial paper when issued, given or acquired in a bona fide way in the ordinary…
    • § 821.5 Without in any manner affecting the scope of the term “security” as set forth in section 821, and with the exceptions therein set forth, the following…
    • § 822 Except as otherwise provided by this article, “sale” or “sell” means every disposition, or attempt or arrangement to dispose, of a security or interest in a…
    • § 823 (a) A privilege pertaining to a security giving the holder the privilege to convert such security into another security of the same insurer is not a sale of…
    • § 824 “Broker” means every person, other than a stock agent, who in this state engages either wholly or in part in the business of (a) dealing in any security issued…
    • § 825 “Stock agent” means every person employed or appointed by an insurer or broker who, within this state and for a compensation, sells any security.
    • § 826 “Insurer” for the purposes of this article includes every organization organized for the purpose of assuming the risk of loss under contracts of insurance or…
    • § 827 An insurer shall not sell in this state, except upon a sale for delinquent assessment made in accordance with the provisions of Section 423 of the Corporations…
    • § 827.3 (a) As used in this section, the term “insurer” means an insurer which is domestic and admitted. (b) The transactions of an insurer set out in subdivisions (c)…
    • § 827.5 The term “insurer” as used in this section shall not include domestic insurers as defined in Section 26. The following transactions of an insurer described in…
    • § 827.6 Any offer or sale of voting common stock by an insurer incorporated in this state shall be exempt from the provisions of this article if, immediately after the…
    • § 827.7 Where required by this article the commissioner is authorized to issue subscription and preorganization permits of and pertaining to insurers or proposed…
    • § 827.8 An offer or sale of voting common stock or preferred stock of and by a foreign or alien insurer to property broker-agents or casualty broker-agents, as defined…
    • § 828 Except in the case of a broker holding a broker’s certificate issued by the commissioner under this code or by the Commissioner of Financial Protection and…
    • § 829 A person shall not issue, circulate, or publish any advertisement or writing concerning any security sold by him, unless either his name is subscribed thereto,…
    • § 830 A person shall not issue, circulate, or publish any such advertisement or writing after receipt of notice in writing from the commissioner that, in his…
    • § 831 Every security issued by any insurer without a permit of the commissioner authorizing the same in effect at the time of the issue, shall be void. Every…
    • § 831.1 Every security of a home protection company issued or authorized to be issued prior to December 31, 1978, shall be valid even though it has been issued without…
    • § 832 Every insurer that commits any of the following acts is guilty of a public offense and punishable by fine not exceeding ten thousand dollars: (a) Selling or…
    • § 833 Every person who commits any of the acts specified in this section is guilty of a public offense and punishable by a fine not exceeding ten thousand dollars…
    • § 834 The application for a permit to issue or sell securities shall be verified as provided in the Code of Civil Procedure for the verification of pleadings, and…
    • § 835 If the applicant is a partnership, unincorporated association, or joint stock company, it shall file with its application a copy of its articles of partnership…
    • § 836 If the applicant is a corporation, it shall file with its application a copy of all minutes of any proceedings of its directors, stockholders, or members,…
    • § 837 If the applicant is a foreign corporation or association, it shall also file with its application: (a) A certificate of the proper officer of the jurisdiction…
    • § 838 Upon the filing of such application, the commissioner shall examine it and the other papers and documents filed therewith. He may, if he deems it advisable,…
    • § 838.5 Pursuant to this code, the commissioner has been and is authorized, in the instance of an application for a permit to issue securities in exchange for one or…
    • § 839 The commissioner shall issue a permit if he finds that: (a) The proposed plan of business of the applicant and the proposed issuance of securities are fair,…
    • § 839.1 (a) In any case where a domestic insurer is directly affected by the total transaction for some part of which the permit applied for is needed, and the…
    • § 839.5 The commissioner shall not issue a permit for the sale of any securities of a domestic insurer in any case where he finds that the expense of organization,…
    • § 840 The commissioner may prescribe in the permit the amounts, considerations, terms, and conditions governing the issue and disposal of the securities and the…
    • § 841 Every permit shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the securities…
    • § 842 The commissioner may impose conditions requiring the deposit in escrow of securities and the impoundment of the proceeds from the sale thereof, limiting the…
    • § 843 The commissioner may, from time to time and for cause, amend, alter or revoke any permit issued by him hereunder, or temporarily suspend the rights thereunder…
    • § 844 Every insurer authorized by the commissioner to sell securities shall thereafter, at such times and in such form as he requires, make and file in his office a…
    • § 845 (a) A person shall not sell or resell any security of a domestic, foreign, or alien insurer: (1) As an insurer with respect to securities of its own issue…
    • § 845.5 The certificate required by Section 845 to act as a stock agent of an insurer shall be secured as provided in Section 846 and shall expire on the first day of…
    • § 846 To secure such certificate, the applicant shall make and file in the office of the commissioner an application therefor in writing, verified by or in behalf of…
    • § 847 At the time of filing an application for a broker’s certificate, the applicant shall file with the commissioner a bond for five thousand dollars ($5,000),…
    • § 850 If the applicant is a foreign corporation or association, it shall file with its application: (a) A copy of its articles of incorporation or association. (b) A…
    • § 851 The commissioner shall examine such application, and shall make such further investigation of the applicant and its affairs as he deems advisable. He shall…
    • § 852 The commissioner may at any time in accordance with the procedure provided in Section 1738 suspend or revoke any broker’s or stock agent’s certificate issued…
    • § 853 Every broker shall, at such times as the commissioner requires, make and file in the office of the commissioner a true and correct statement concerning any…
    • § 854 After receipt of notice in writing from the commissioner, stating that the sale of a security would, in the commissioner’s opinion, be unfair, unjust, or…
    • § 855 All writings filed with the commissioner under this article shall be open to public inspection except where, in his judgment, the public welfare or the welfare…
    • § 856 (a) The commissioner may at any time give or make public any information concerning any insurer, if in the commissioner’s judgment, the giving or publishing of…
    • § 857 The commissioner shall charge and collect the following fees: (a) For filing an original or supplemental application, or any amendments thereto, for a permit…
    • § 859 The commissioner shall also collect the following fees: (a) For filing any application for a broker’s certificate, two hundred eighty-three dollars ($283) for…
    • § 860 No fees shall be charged or collected for copies of papers, records, or official documents furnished to public officers for use in their official capacity or…
30. ARTICLE 9. Registration of Insurers’ Names §§ 880–886 · 12 sections

    • § 880 Except as provided in this article, every insurer shall conduct its business in this State in its own name.
    • § 881 (a) The commissioner shall require the name or any changed name of every insurer (including reciprocal or interinsurance exchanges), every attorney in fact,…
    • § 881.1 Notwithstanding the provisions of Section 881 or any other provision of law, neither the commissioner or the Secretary of State shall reject a name proposed by…
    • § 881.2 Notwithstanding Section 5652 of the Financial Code, use of the term “savings bank” in a name or title may be approved for use by the commissioner if the…
    • § 881.3 Upon approval of an applicant’s name by the commissioner, and the issuance of a certificate approving the same, the applicant may apply to the Secretary of…
    • § 881.5 If through inadvertance or otherwise a corporation does not comply with Section 881 of the Insurance Code, or with Sections 201.5, 202, 2105, 2106, 2106.5, and…
    • § 882 When two or more insurers propose to issue an underwriter’s policy, each insurer shall first file an application with the commissioner for approval and…
    • § 882.5 (a) A home protection company proposing to issue a contract bearing the name of itself as well as another name which is the name of a person, persons, or…
    • § 883 An underwriter’s policy may be issued under a name thus registered and shall clearly show: (a) The names of the insurers guaranteeing it. (b) The severalty of…
    • § 884 Unless renewed, the approval and registration of all underwriters’ names shall expire at 12:01 a.m. July 1 of each even-numbered year. Renewal may be secured…
    • § 885 The commissioner may at any time institute proceedings for the revocation of approval and registration of an underwriter’s name upon any of the grounds set…
    • § 886 Termination of approval and registration of an underwriter’s name, whether through denial of a renewal application or revocation, shall have no effect on the…
31. ARTICLE 10. Financial Statements of Insurers §§ 900–925.4 · 35 sections

    • § 900 (a) On or before the first day of March of each year every insurer doing business in this state shall make and file with the commissioner, in the number, form,…
    • § 900.2 (a) All insurers doing business in this state shall have an annual audit by an independent certified public accountant. The audit, including required auditor…
    • § 900.3 (a) An insurer or group of insurers doing business in this state shall establish an internal audit function to provide independent, objective, and reasonable…
    • § 900.5 The commissioner shall charge and collect four hundred twenty dollars ($420) in advance as a fee for the first filing each year of a statement under this…
    • § 900.8 The commissioner may decline to grant or renew or may suspend or revoke a certificate of authority of an insurer that knowingly files with the department a…
    • § 900.9 Any officer, director, employee or agent of any insurer, who wilfully signs or files a false or untrue report or statement of the business, affairs, or…
    • § 902 Insurers engaged in the business of compensation insurance shall, at such intervals as may be prescribed by the commissioner, file statements supplemental to…
    • § 903 The commissioner shall require statements and reports to be verified as follows: (a) If made by a domestic corporation, by the oaths of any two of the…
    • § 903.5 In any case where an insurer is required by law to file with the commissioner statements or reports respecting its financial condition, income or…
    • § 904 In addition to the annual statement required to be filed pursuant to Section 900, each admitted insurer shall file an authorization for disclosure to the…
    • § 922 The guarantee by the Small Business Administrator that a surety shall not suffer loss as set forth in the Small Business Investment Act of 1958, as amended,…
    • § 922.1 The Legislature declares its intent that: (a) In some instances, it is appropriate for the protection of insureds, insurers, and the public generally, that…
    • § 922.2 (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability in accordance with Sections 922.4 and…
    • § 922.3 Notwithstanding any other provision of law, credit for reinsurance, as either an asset or a deduction, shall not be allowed in any accounting or financial…
    • § 922.31 (a) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify…
    • § 922.4 Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when…
    • § 922.41 (a) Credit shall be allowed a domestic insurer when the reinsurance is ceded to an assuming insurer that has been certified by the commissioner as a reinsurer…
    • § 922.42 (a) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the commissioner may suspend or revoke the…
    • § 922.425 (a) Credit shall be allowed a domestic insurer when the reinsurance is ceded to an assuming insurer that meets all of the following requirements: (1) The…
    • § 922.43 The actual costs and expenses incurred by the department in reviewing requests for accreditation or certification, trusts, or review of an assuming insurer…
    • § 922.5 (a) An asset or a deduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Section 922.4…
    • § 922.6 Credit for reinsurance shall not be denied a foreign ceding insurer to the extent that credit is recognized by the ceding insurer’s domestic state regulator,…
    • § 922.7 (a) For purposes of subdivision (b) of Section 922.5, a “qualified United States financial institution” means an institution that complies with all of the…
    • § 922.8 (a) The commissioner, after notice, comment period, and a hearing if requested by more than 10 affected insurers, may issue a bulletin setting forth reasonable…
    • § 922.85 (a) The commissioner may adopt regulations in accordance with the procedures provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of…
    • § 922.9 Sections 922.4 and 922.5 shall apply to all cessions on and after January 1, 1997, under reinsurance contracts that have had an inception, anniversary, or…
    • § 923 The commissioner shall require every insurer which is required to file an annual or quarterly statement to use the statement blanks and instructions thereto…
    • § 923.5 Each insurer transacting business in this state shall at all times maintain reserves in an amount estimated in the aggregate to provide for the payment of all…
    • § 923.6 (a) Every admitted property and casualty insurer, unless otherwise exempted by the domiciliary commissioner, shall annually submit the opinion of an Appointed…
    • § 924 The commissioner shall collect a late filing fee of seven hundred five dollars ($705) from any admitted insurer that fails to make and file in the…
    • § 925 Upon request of the commissioner, and at intervals as prescribed by him or her, any insurer that appears to the commissioner to require immediate regulatory…
    • § 925.1 (a) All supplemental information, work papers and other relevant documents of the independent certified public accountant, or independent actuary, or other…
    • § 925.2 The commissioner may prescribe the subject matter and form of reporting supplemental information and the subject matter of opinions.
    • § 925.3 All supplemental information provided or made available to the commissioner pursuant to Sections 925 to 925.2, inclusive, including work papers and other…
    • § 925.4 Nothing contained herein shall be deemed in any manner to limit, restrict or abridge the powers of the commissioner to examine insurers, to inquire into their…
32. ARTICLE 10.1. California Insurance Community Investment §§ 926–926.3 · 3 sections

    • § 926 The Legislature finds and declares all of the following: (a) It is in the interest of all Californians that there is a strong and viable insurance market. (b)…
    • § 926.1 As used in this article, the following terms shall have the following meanings: (a) “Area median income” (AMI) means either of the following: (1) The median…
    • § 926.3 (a) It is the policy of the State of California that (1) insurers should, where practicable, be supportive of community development investments and community…
33. ARTICLE 10.2. Minority, Women, LGBT, Veteran, and Disabled Veteran Business Enterprises §§ 927–927.5 · 6 sections

    • § 927 The Legislature finds and declares all of the following: (a) It is in the state’s interest to encourage competitive business opportunities for all of its…
    • § 927.1 For the purposes of this article, the following definitions apply: (a) “Control” means to exercise the power to make policy decisions. (b) “Disabled veteran…
    • § 927.2 (a) (1) Commencing July 1, 2020, and biennially on July 1 of each even-numbered year thereafter, each admitted insurer, with California premiums written of…
    • § 927.3 (a) (1) Commencing July 1, 2020, and biennially on July 1 of each even-numbered year thereafter, each admitted insurer with California premiums written of…
    • § 927.4 (a) The commissioner shall establish and appoint an Insurance Diversity Task Force. (b) The task force shall be comprised of at least 13, but not more than 15,…
    • § 927.5 The commissioner may promulgate regulations that further the purposes of this article.
34. ARTICLE 10.3. Single Risk Limitation § 928 · 1 section

    • § 928 (a) An admitted insurer shall not undertake any single risk or accept reinsurance on any single risk when its liability thereon in excess of the amount…
35. ARTICLE 10.4. Wildfire Risk Information Reporting §§ 929–929.3 · 4 sections

    • § 929 (a) (1) On or before April 1, 2020, and every two years thereafter, an admitted insurer with written California premiums totaling ten million dollars…
    • § 929.1 Information submitted to the commissioner, as required by Section 929, shall be confidential pursuant to Section 7929.000 of the Government Code and exempt…
    • § 929.2 (a) The commissioner shall post to the department’s Internet Web site a report on wildfire risk compiled from the data collected pursuant to Section 929. (b)…
    • § 929.3 (a) Failure to submit a report pursuant to Section 929 shall subject an admitted insurer to a civil penalty to be fixed by the commissioner, not to exceed five…
36. ARTICLE 10.5. National Association of Insurance Commissioners §§ 930–934 · 5 sections

    • § 930 The provisions of this article shall apply to all domestic, foreign, and alien insurers doing business in this state.
    • § 931 (a) Each domestic, foreign, and alien insurer doing business in this state shall annually, on or before the first day of March of each year, file with the…
    • § 932 In the absence of actual malice, members of the National Association of Insurance Commissioners, their duly authorized committees, subcommittees, and task…
    • § 933 All financial analysis ratios and examination synopses concerning insurers that are submitted to the department by the National Association of Insurance…
    • § 934 The commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual or quarterly statement with the…
37. ARTICLE 10.6. Own Risk and Solvency Assessment §§ 935.1–935.11 · 11 sections

    • § 935.1 (a) The purpose of this article is to provide the requirements for maintaining a risk management framework, completing an Own Risk and Solvency Assessment…
    • § 935.2 For purposes of this article, the following definitions apply: (a) For the purpose of conducting an ORSA, the term “insurance group” shall mean those insurers…
    • § 935.3 An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material…
    • § 935.4 Subject to Section 935.6, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process…
    • § 935.5 (a) Upon the commissioner’s request, and no more than once each year, an insurer shall submit to the commissioner an ORSA Summary Report or any combination of…
    • § 935.6 (a) An insurer shall be exempt from the requirements of this article if both of the following apply: (1) The insurer has annual direct written and unaffiliated…
    • § 935.7 (a) The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of this section. Documentation and…
    • § 935.8 (a) Documents, materials, or other information, including the ORSA Summary Report, in the possession of or control of the Department of Insurance that are…
    • § 935.9 Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this article shall be subject to the late filing fees set forth…
    • § 935.10 If any provision of this article, or the application thereof to any person or circumstance, is held invalid, that determination shall not affect the provisions…
    • § 935.11 This article shall become operative on January 1, 2015.
38. ARTICLE 10.8. Corporate Governance Disclosure Act §§ 936.1–936.9 · 9 sections

    • § 936.1 (a) The purpose of this article is to provide the Insurance Commissioner a summary of an insurer or insurance group’s corporate governance structure, policies,…
    • § 936.2 For the purposes of this article, the following definitions apply: (a) “Corporate Governance Annual Disclosure (CGAD)” means a confidential report filed by the…
    • § 936.3 (a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the commissioner a CGAD…
    • § 936.4 The commissioner may, upon notice and opportunity for all interested parties to be heard, issue those rules, regulations, and orders as may be necessary to…
    • § 936.5 (a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD contains the material information…
    • § 936.6 (a) (1) Documents, materials, or other information, including the CGAD, in the possession or control of the department that are obtained by, created by, or…
    • § 936.7 (a) The commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not…
    • § 936.8 Any insurer or insurer group failing, without just cause, to timely file the CGAD as required in this article shall be subject to the late filing fees set…
    • § 936.9 The provisions of this article, other than Section 936.6, are severable. If any provision of this article, other than Section 936.6, or its application is held…
39. ARTICLE 10.85. Insurance and Climate Risk Market Intelligence Act §§ 937–937.5 · 6 sections

    • § 937 The Legislature finds and declares all of the following: (a) Since 2006, the state of California has funded and undertaken four comprehensive climate change…
    • § 937.1 (a) (1) On or before March 1, 2026, and on or before March 1 of every year thereafter, an admitted insurer in a group with written premiums in the prior year…
    • § 937.2 Notwithstanding Section 937.3, information submitted to the commissioner under this article shall be confidential pursuant to Section 7929.000 of the…
    • § 937.3 (a) The commissioner shall post to the department’s internet website an aggregated report based on the data collected under Section 937.1. (b) The report shall…
    • § 937.4 (a) Failure to submit a report under Section 937.1 shall subject an admitted insurer to a civil penalty to be fixed by the commissioner, not to exceed five…
    • § 937.5 The commissioner may promulgate regulations that further the purposes of this article.
40. ARTICLE 10.9. Zero-Emission Heavy-Duty Truck Data Reporting §§ 938–938.1 · 2 sections

    • § 938 (a) The Department of Insurance shall implement specific data collections on the availability and affordability of insurance for heavy-duty trucks and truck…
    • § 938.1 (a) The Department of Insurance, in consultation with the State Air Resources Board, shall create a consumer-focused online insurance information resource…
41. ARTICLE 11. Deposit of Securities §§ 939–956 · 18 sections

    • § 939 Except as otherwise expressly provided, all deposits of securities with the commissioner shall be subject to the provisions of this article.
    • § 940 The commissioner shall accept and hold securities in trust for the policyholders or policyholders and creditors of an insurer and for their benefit, whenever…
    • § 940.1 The commissioner shall require the payment of fifty-eight dollars ($58) in lawful money of the United States in advance for receiving and processing securities…
    • § 941 Such deposited securities shall not be estimated above their par value nor above their market value, except that preferred stock shall be estimated only at its…
    • § 942 The commissioner shall permit a deposit of those securities in the State Treasury, subject to the provisions of Section 11691, if applicable. The securities…
    • § 943 So long as the insurer continues solvent the commissioner shall permit it to collect the interest or dividends on the securities so deposited, and from time to…
    • § 944 Securities deposited under the provisions of this article shall not be withdrawn from the State treasury except upon the written order of the insurer making…
    • § 945 If the deposit is of mortgages, it shall be accompanied either by full abstracts of title with the fees for examination of title, or by policies of title…
    • § 946 If the deposit is of stocks or bonds, it shall be accompanied by the fees necessary for the appraisal thereof, except as otherwise provided by Article 3,…
    • § 948 Whenever an insurer has deposited with the commissioner the requisite security, in conformity with the requirements of this article, the commissioner shall…
    • § 949 The commissioner shall require the payment of seventy-two dollars ($72), in advance, as a fee for each certificate issued pursuant to this article.
    • § 950 Whenever such a depositing insurer has paid, canceled, or reinsured all its unexpired policies outstanding in this State, and all its liabilities under such…
    • § 951 Pending such examination the securities requested to be withdrawn may continue subject to withdrawal and substitution as provided by section 943.
    • § 952 Whenever the laws of any other state or country, by reason of which Section 940 is brought into force, are repealed and abrogated, then any deposit with the…
    • § 953 Whenever a domestic insurer deposits securities with an officer of this State, in order to enable it to do business in another State pursuant to the laws of…
    • § 954 The commissioner shall make an annual examination of the securities received by him from each insurer. If it appears at any time that the securities deposited…
    • § 955 All appraisal fees collected by the commissioner under the provisions of this article shall be paid into the State treasury in trust and withdrawn as provided…
    • § 956 An account or accounts in one or more banks or savings and loan associations the accounts of which are insured by an agency or instrumentality of the federal…
42. ARTICLE 12. Wildfire Safety and Risk Mitigation Program §§ 970–978 · 9 sections

    • § 970 (a) The Wildfire Safety and Risk Mitigation Program is hereby established. (b) The purpose of the program is to provide funding to one or more universities for…
    • § 971 (a) The Wildfire Safety and Risk Mitigation Program shall be administered by the department. (b) The department shall award grants on a competitive basis. The…
    • § 972 In evaluating grant proposals pursuant to this article, the department shall give priority to projects that demonstrate one or more of the following: (a) A…
    • § 973 (a) The department shall create a framework and multiyear plan with available data for the development, demonstration, and deployment of a public wildfire…
    • § 974 The Wildfire Safety and Risk Mitigation Account is hereby created within the Insurance Fund. Funds in the account shall fund the development, demonstration,…
    • § 975 Upon implementation of the first round of grants issued pursuant to this article, the department shall identify, publish, and make available on its internet…
    • § 976 The department shall provide recommendations to the Senate Committee on Insurance, Assembly Committee on Insurance, Assembly Committee on Emergency Management,…
    • § 977 This article shall not be construed to limit or conflict with the commissioner’s authority regarding rate regulation, or any other provisions of this code.
    • § 978 This article shall be operative upon appropriation by the Legislature for these purposes.
43. ARTICLE 13. Insolvency §§ 980–989 · 9 sections

    • § 980 As used in this article, “liability” includes liability for losses reported, expenses, taxes, and all other indebtedness not included in those categories.
    • § 984 Any mortgage insurer or any mortgage guaranty insurer is insolvent whenever provision for its liabilities and for unearned income would, after exhausting its…
    • § 985 (a) On or after January 1, 1970, as used in this article and in subdivision (i) of Section 1011, “insolvency” means either of the following: (1) Any impairment…
    • § 985.5 In the case of the insolvency of an admitted insurer, the commissioner shall prepare a report, which shall be a public record, with respect to the causes and…
    • § 985.6 The costs incurred in investigating and preparing the report required by Section 985.5 shall be an expense of administration within the meaning of paragraph…
    • § 986 A life insurer issuing policies on a reserve basis is insolvent whenever its assets are exceeded by the total of the following: (1) the amount necessary to…
    • § 987 A title insurer is insolvent whenever provision for its liabilities would, after exhausting its required surplus, so far impair its capital paid in as to…
    • § 988 (a) As used in this section: (1) “Impaired” means a financial situation in which the assets of an insurer are less than the sum of the insurer’s minimum…
    • § 989 Any person who does any of the following is guilty of a misdemeanor punishable by not more than one year in county jail: (a) Conceals any property belonging to…
44. ARTICLE 13.3. Obligations of Automobile Insurers and Their Agents Under Contingent and Retrospective Compensation Arrangements §§ 995–995.7 · 8 sections

    • § 995 (a) As used in this article, “contingent compensation arrangement” means an arrangement having as its purpose the payment of a variable commission by the…
    • § 995.1 An agent, broker, surplus line broker, general agent or other person operating under a contingent or retrospective compensation arrangement with any insurer…
    • § 995.2 An insurer shall not claim as an asset by reason of any provision of a contingent or retrospective compensation arrangement, any account due from the other…
    • § 995.3 Every person operating under a retrospective or contingent compensation arrangement with any insurer shall report to the insurer within a reasonable time, and…
    • § 995.4 An insurer, notwithstanding the provisions of any contingent or retrospective compensation arrangement with any person, shall maintain as a liability, as part…
    • § 995.5 An insurer, notwithstanding the provisions of any contingent or retrospective compensation arrangement with any person, shall report and pay the premium tax…
    • § 995.6 The provisions of Sections 995.1, 995.2, and 995.3 permitting the commissioner, in certain situations, to examine a person operating under a contingent or…
    • § 995.7 The purposes of Section 816 and the provisions of this article are to promote the solvency of insurers and the producers dealing with them under contracts,…
45. ARTICLE 13.5. Disability Insurance Reserves § 997 · 1 section

    • § 997 (a) For statement purposes as defined in Article 10 (commencing with Section 900), for insolvency calculations as defined in Article 13 (commencing with…
46. ARTICLE 14. Proceedings in Cases of Insolvency and Delinquency §§ 1010–1062 · 64 sections

    • § 1010 (a) The provisions of this article shall apply to all persons, except the State Compensation Insurance Fund, subject to examination by the commissioner, or…
    • § 1011 The superior court of the county in which the principal office of a person described in Section 1010 is located, upon the filing by the commissioner of the…
    • § 1011.1 If a verified application is filed pursuant to Section 1011 that shows that the conditions set forth in subdivision (j) of Section 1011 exist and upon a…
    • § 1011.5 The consent described in subdivision (c) of Section 1011 shall be obtained by filing an application with the commissioner in a form to be prescribed by him or…
    • § 1012 Except in the case of an order issued based on a verified application showing the conditions in subdivision (j) of Section 1011 to exist, the order shall…
    • § 1013 Whenever it appears to the commissioner that any of the conditions set forth in section 1011 exist or that irreparable loss and injury to the property and…
    • § 1014 Whenever the commissioner makes any seizure as provided in section 1013, it shall, on the demand of the commissioner, be the duty of the sheriff of any county…
    • § 1015 Immediately after such seizure, the commissioner shall institute a proceeding as provided for in section 1011 and thereafter shall proceed in accordance with…
    • § 1016 (a) If at any time after the issuance of an order under Section 1011, or if at the time of instituting any proceeding under this article, including under…
    • § 1017 (a) In the commissioner’s application for an order for the liquidation of a domestic corporation, or at any time thereafter, the commissioner may apply for,…
    • § 1018 The recording in the office of a county recorder of any county in the State of an order entered pursuant to section 1011, 1016 or 1017 shall impart the same…
    • § 1019 Upon the issuance of an order of liquidation under section 1016, the rights and liabilities of any such person and of creditors, policyholders, shareholders…
    • § 1020 Upon the issuance of an order either under Section 1011 or 1016, or at any time thereafter, the court shall issue such other injunctions or orders as may be…
    • § 1021 (a) Upon the making of an order to liquidate the business of such person, the commissioner shall publish notice to its policyholders, creditors, shareholders,…
    • § 1022 The notice shall be published in newspapers of general circulation in geographic areas pertinent to the liquidation. The notice shall reference a source,…
    • § 1023 A claim must set forth, under oath, on the form prescribed by the commissioner: (a) The particulars thereof, and the consideration therefor. (b) Whether said…
    • § 1024 Unless such claim is filed in the manner and within the time provided in section 1021, it shall not be entitled to filing or allowance, and no action may be…
    • § 1025 Claims founded upon unliquidated or undetermined demands must be filed within the time limit provided in this article for the filing of claims, but claims…
    • § 1025.5 Notwithstanding the provisions of Sections 1021 to 1025, inclusive, the commissioner may, in lieu of requiring claimants to file separate claims: (a) File a…
    • § 1026 Whenever any person has a cause of action against an insured and such cause is covered by a liability policy, such person, if the insurer is adjudged…
    • § 1026.1 Where a claim arising out of a policy of insurance has been filed by a third party and approved by the liquidator and such claim has subsequently been paid or…
    • § 1027 A claim by a third party founded upon an insurance policy may be allowed by the liquidator without requiring such claim to be reduced to judgment, provided it…
    • § 1028 A judgment taken by default, or by collusion, against an insured shall not be considered as evidence, in the liquidation proceeding, either of the liability of…
    • § 1029 A claim of a secured claimant shall not be allowed in a sum greater than the excess over the value of the security of the amount for which the claim would be…
    • § 1030 The value of the security to be credited upon such claim shall be determined by an appraiser appointed by the liquidator and approved by the court. Such…
    • § 1030.5 (a) The liquidator may require, as a condition of payment of the final liquidation dividend to a lender, or his assignee, who has filed a claim for an unearned…
    • § 1030.6 In any proceeding under this article, no agent shall be liable to the liquidator or conservator for unearned premiums uncollected by the agent, or unearned…
    • § 1031 Mutual debts or mutual credits, whether arising out of one or more contracts between the person in liquidation under Section 1016 and any other person, shall…
    • § 1032 When a claim is rejected by the commissioner, written notice of rejection shall be given by mail, addressed to the claimant at the address set forth in his…
    • § 1033 (a) Claims allowed in a proceeding under this article shall be given preference in the following order: (1) Expense of administration. (2) All claims of the…
    • § 1033.5 (a) The purpose of this section is to clarify the rights and obligations of policyholders, claimants, guaranty funds, including the California Insurance…
    • § 1034 (a) A preference is a transfer of any of the property of the person proceeded against to or for the benefit of a creditor, for or on account of an antecedent…
    • § 1034.1 (a) Every transfer made or suffered and every obligation incurred by a person proceeded against within one year prior to the filing of a successful petition…
    • § 1035 (a) In any proceeding under this article, the commissioner may appoint and employ under his or her hand and official seal, special deputy commissioners, as his…
    • § 1035.2 (a) The officers and employees of the Conservation and Liquidation Office are subject to all conflict-of-interest provisions and financial disclosure…
    • § 1035.5 Notwithstanding the provisions of Article 14 (commencing with Section 1010), with regard only to those insurers subject to this article: (a) Within 120 days of…
    • § 1036 Notwithstanding any other provision of law, the provisions of Article 4 (commencing with Section 11040) of Chapter 1 of Part 1 of Division 3 of Title 2 of the…
    • § 1037 Upon taking possession of the property and business of any person in any proceeding under this article, the commissioner, exclusively and except as otherwise…
    • § 1038 Any application under section 1011 or 1016 shall be served upon the person named in such application in the manner prescribed by law for personal service of…
    • § 1039 In lieu of the service required by section 1038, service may, upon application to said court, be made in such manner as the court directs whenever it is…
    • § 1040 At any time after an order is made under section 1011 or 1016, the commissioner may remove the principal office of the person proceeded against to the City and…
    • § 1041 The commissioner shall be the custodian of all moneys collected by him or her or coming into his or her possession in the course of any proceeding under this…
    • § 1042 The commissioner and a special deputy commissioner appointed pursuant to section 1035 shall have the power to subpoena witnesses and examine them under oath…
    • § 1043 In any proceeding under this article, the commissioner, as conservator or as liquidator, may, subject to the approval of said court, and subject to such liens…
    • § 1044 In connection with a rehabilitation agreement under section 1043, which affects a life insurer, and in an agreement made for the reinsurance of the business of…
    • § 1045 If at any time after the issuance of an order under section 1011 affecting a life insurer issuing nonassessable policies on a reserve basis and organized with…
    • § 1046 Said mutualization plan shall include provisions for: (a) The acquisition by such insurer of all outstanding shares of its capital stock at a price and upon…
    • § 1047 Said mutualization plan may include provisions: (a) Imposing a moratorium against the provisions of the life insurance policies issued by such insurer and then…
    • § 1048 Upon formulation of said mutualization plan the commissioner shall submit the same to said court with his application for an order of said court directing the…
    • § 1049 Each policyholder of such insurer shall be entitled to one vote, regardless of the amount for which, or the number of policies under which, he is insured. Such…
    • § 1050 In the event that said plan of mutualization is approved by said policyholders, the commissioner shall certify to the said court the fact of such approval and…
    • § 1051 After the expiration of the time fixed in the order provided for in section 1050, and upon the filing of such petition, said court shall direct notice of a…
    • § 1052 Thereupon the commissioner shall: (a) Pay to each of such shareholders or his assignee or nominee, upon surrender of the shares held by such shareholder, the…
    • § 1053 Immediately upon the appointment of the directors as provided in subdivision (b) of section 1052, the directors theretofore holding office shall cease to hold…
    • § 1054 Such insurer, after mutualization, shall be a continuation of the original insurer, and such mutualization shall not affect existing suits, rights or contracts…
    • § 1055 The commissioner shall exercise the powers and discharge the duties, concerning any insurer so mutualized, that are applicable to domestic insurers issuing…
    • § 1056 All costs and expenses connected with proceedings for the mutualization of such insurer shall be paid by the commissioner out of the funds of such insurer,…
    • § 1056.5 Whenever money or other property is payable to any claimant out of the assets of any person under the provisions of Sections 1021 to 1033, but such person…
    • § 1057 In all proceedings under this article, the commissioner shall be deemed to be a trustee for the benefit of all creditors and other persons interested in the…
    • § 1058 In any proceeding pending under the provisions of this article, the court in which such proceeding is pending shall have jurisdiction to hear and determine, in…
    • § 1059 The commissioner, in the performance of any of his duties under this article, shall be deemed to be a public officer acting in his official capacity on behalf…
    • § 1060 The commissioner shall transmit all of the following to the Governor, the Legislature, and to the committees of the Senate and Assembly having jurisdiction…
    • § 1061 In verification of the matters set forth in Section 1060 of this code, the Department of Finance shall, at least every two years or more often if requested by…
    • § 1062 In the event of the entry of an order under Section 1011 or 1016 of this article affecting any person having members, subscribers or policyholders, hereinafter…
47. ARTICLE 14.2. California Insurance Guarantee Association §§ 1063–1063.19 · 20 sections

    • § 1063 (a) Within 60 days after the original effective date of this article, all insurers, including reciprocal insurers, admitted to transact insurance in this state…
    • § 1063.1 As used in this article: (a) “Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063,…
    • § 1063.2 (a) The association shall pay and discharge covered claims and, in connection therewith, pay for or furnish loss adjustment services and defenses of claimants…
    • § 1063.3 To aid in the detection and prevention of member insurer insolvencies: (a) The board may, upon majority vote, make recommendations to the commissioner on…
    • § 1063.4 (a) Insureds entitled to the protection of this article shall cooperate with the association in accordance with their policies in the same manner as they would…
    • § 1063.5 (a) (1) To the extent necessary to secure funds for the association for payment of the administrative expenses of the association, covered claims of insolvent…
    • § 1063.6 All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in the state shall, subject to waiver by the…
    • § 1063.7 When a liquidator, domiciliary or ancillary, is appointed in this state for any member insurer, the liquidator shall promptly give notice of his or her…
    • § 1063.8 Notwithstanding any other provision of law, the association shall be exempt from all license fees, income, franchise, privilege, property, or occupation taxes…
    • § 1063.9 (a) The operation of the association shall at all times be subject to the regulation of the commissioner. The commissioner, or any deputy or examiner, or any…
    • § 1063.10 All orders or decisions of the commissioner made pursuant to Chapter 1347, Statutes of 1969 (of which this article is a part) and the provisions thereof as…
    • § 1063.11 The commissioner may, upon notice and opportunity for all interested parties to be heard, issue such rules, regulations and orders as may be necessary to carry…
    • § 1063.12 (a) The association, its member insurers, and its officers, directors, agents or employees of the association, or its member insurers, shall under no…
    • § 1063.13 No member insurer of the association shall engage in the unlawful trade practice defined and condemned in subdivision (g) of Section 790.03.
    • § 1063.14 (a) (1) The plan of operation adopted pursuant to subdivision (c) of Section 1063 shall contain provisions whereby each member insurer is required to recoup,…
    • § 1063.145 The statement of the amount of surcharge required to be provided under subdivision (b) of Section 1063.14 shall include a description of, and purpose for, the…
    • § 1063.15 In any workers’ compensation matter the association shall have the same period of time within which to act or to exercise a right as is accorded to the insurer…
    • § 1063.17 (a) All meetings of the board of governors of the association and its investment and audit committees shall be open and public, and all persons shall be…
    • § 1063.18 (a) Nothing in this article requires a final determination of a claim in an insolvent insurer’s liquidation proceeding before a covered claim may be submitted…
    • § 1063.19 (a) The association may administer the Prescribed Fire Claims Fund established by Section 4500 of the Public Resources Code, subject to prior written approval…
48. ARTICLE 14.26. California Insurance Guarantee Association Bond Funds §§ 1063.70–1063.78 · 9 sections

    • § 1063.70 The California Insurance Guarantee Association is authorized to pay and discharge certain claims of insolvent insurers as defined in Section 1063.1 through the…
    • § 1063.71 (a) The terms “member insurer,” “insolvent insurer,” and “covered claims” have the meanings assigned those terms in Section 1063.1. (b) “Bank” means the…
    • § 1063.72 (a) The Workers’ Compensation Bond Fund is hereby created. (1) Proceeds from the sale of bonds with respect to the workers’ compensation category described in…
    • § 1063.73 In the event CIGA determines that the insolvency of one or more member insurers providing insurance in at least one of the categories described in paragraph…
    • § 1063.74 (a) Notwithstanding any other limits on assessments, CIGA shall have the authority to levy upon member insurers special bond assessments in the amount…
    • § 1063.75 Bonds issued to provide funds for covered claim obligations for workers’ compensation claims, homeowners’ and automobile claims, as described in subparagraph…
    • § 1063.76 (a) The collateral shall be used solely for the purpose of paying the principal and redemption price of, and interest on, the bonds and any amounts owing by…
    • § 1063.77 CIGA is authorized to enter into those contracts or agreements with those banks, insurers, or other financial institutions or parties that it determines are…
    • § 1063.78 If the board requests the California Infrastructure and Economic Development Bank to issue bonds pursuant to Section 1063.70, the board shall report all of the…
49. ARTICLE 14.3. Uniform Liquidation Act §§ 1064.1–1064.13 · 13 sections

    • § 1064.1 For the purposes of this act: (a) “Insurer” means any person subject to the insurance supervisory authority of, or to liquidation, rehabilitation,…
    • § 1064.2 (a) Whenever under the laws of this state a receiver is to be appointed in delinquency proceedings for an insurer domiciled in this state, the court shall…
    • § 1064.3 (a) Whenever under the laws of this state an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the…
    • § 1064.4 (a) In a delinquency proceeding begun in this state against an insurer domiciled in this state, claimants residing in reciprocal states may file claims either…
    • § 1064.5 (a) In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this state…
    • § 1064.6 (a) In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like…
    • § 1064.7 The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their…
    • § 1064.8 The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender his or her security and file…
    • § 1064.9 During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment, or…
    • § 1064.10 The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of that insurer to which he or she may be…
    • § 1064.11 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…
    • § 1064.12 (a) This article may be referred to as the “Uniform Insurers Rehabilitation Act.” (b) The Uniform Insurers Rehabilitation Act shall be so interpreted and…
    • § 1064.13 (a) Upon receipt of a notice of liquidation the commissioner shall cease imposing, billing or collecting fees and assessments against the subject company…
50. ARTICLE 14.5. Stop Order Power of the Commissioner §§ 1065.1–1065.7 · 7 sections

    • § 1065.1 Whenever the commissioner has reasonable cause to believe, and determines, after a public hearing, that any person specified in Section 1010 is conducting its…
    • § 1065.2 (a) Whenever it appears to the commissioner that any conduct, condition or ground set forth in Section 1065.1 exists, and that irreparable loss and injury to…
    • § 1065.3 If, after hearing as provided by Section 1065.1 or subdivision (b) of Section 1065.2, any of the statements as to conduct, conditions, or grounds in the notice…
    • § 1065.4 Any person subject to an order or proceeding pursuant to this article shall be entitled to judicial review of the order or proceeding by means of any remedy…
    • § 1065.5 If any person violates or fails to comply with any order of the commissioner or any part thereof which as to such person has become final and is still in…
    • § 1065.6 The powers vested in the commissioner by this article shall be additional to any and all other powers and remedies vested in the commissioner by law, and…
    • § 1065.7 Any order or notice of the commissioner hereunder may be served on any person, in the same manner and with the same effect as provided for in civil actions in…
51. ARTICLE 14.7. California Life and Health Insurance Guarantee Association §§ 1067–1067.19 · 21 sections

    • § 1067 This article shall be known and may be cited as the California Life and Health Insurance Guarantee Association Act.
    • § 1067.01 (a) The purpose of this article is to protect, subject to certain limitations, the persons specified in Section 1067.02 against failure in the performance of…
    • § 1067.02 (a) This article shall provide coverage for the policies and contracts specified in subdivision (b) to all of the following: (1) To persons who, regardless of…
    • § 1067.03 This article shall be liberally construed to effect the purpose under Section 1067.01.
    • § 1067.04 As used in this article: (a) “Account” means either of the two accounts created under Section 1067.05. (b) “Association” means the California Life and Health…
    • § 1067.05 (a) A nonprofit legal entity to be known as the California Life and Health Insurance Guarantee Association shall exist as a result of the merger of the…
    • § 1067.055 In order to provide for the merger of the Seastrand Health Insurance Guaranty Association with and into the California Life Insurance Guaranty Association, the…
    • § 1067.06 (a) The board of directors of the association shall consist of not less than 9 nor more than 13 member insurers serving terms as established in the plan of…
    • § 1067.07 (a) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to the conditions imposed by the association that do not…
    • § 1067.08 (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member…
    • § 1067.09 (a) (1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to ensure the fair, reasonable,…
    • § 1067.10 In addition to the duties and powers enumerated elsewhere in this article: (a) The commissioner shall do all of the following: (1) Upon request of the board of…
    • § 1067.11 To aid in the detection and prevention of insurer insolvencies or impairments: (a) It shall be the duty of the commissioner to do the following: (1) To notify…
    • § 1067.12 (a) This article shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a…
    • § 1067.13 The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, the Governor, and…
    • § 1067.14 The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
    • § 1067.15 There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the…
    • § 1067.16 All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed not less than 180 days from the date an order of…
    • § 1067.17 (a) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause…
    • § 1067.18 This article shall not apply to any insurer that was declared to be insolvent or impaired, or as to which delinquency proceedings had been commenced, on or…
    • § 1067.19 The amendments made to this article by Chapter 334 of the Statutes of 2010 during the 2009–10 Regular Session of the Legislature shall not apply to any member…
52. ARTICLE 14.8. Group Enrollment from Health Care Service Plans §§ 1068–1068.2 · 3 sections

    • § 1068 (a) As used in this section, the following definitions shall apply: (1) “Health care service plan” means any plan as defined in Section 1345 of the Health and…
    • § 1068.1 (a) As used in this section: (1) “Carrier” means a specialized health care service plan, and any of the following entities which offer coverage comparable to…
    • § 1068.2 (a) The commissioner shall have the administrative authority to assess penalties against any person, including a natural person or other entity, for violations…
53. ARTICLE 15. Withdrawal of Insurers §§ 1070–1076 · 9 sections

    • § 1070 Any insurer, upon payment of the fees and costs therefor and surrender to the commissioner of its certificate of authority, may apply to withdraw from this…
    • § 1070.5 Whenever an admitted insurer fails to take any step necessary to maintain continuance of its certificate of authority, or whenever the certificate of authority…
    • § 1070.6 The withdrawal procedure and fees prescribed by this article shall not be required of a nonsurviving admitted constituent to a merger or consolidation into…
    • § 1071 The commissioner shall publish such application for withdrawal, daily, for one week, in each of two daily newspapers of general circulation, one published in…
    • § 1071.5 Every insurer which withdraws as an insurer, or is required to withdraw as an insurer, from this State shall, prior to such withdrawal, discharge its…
    • § 1072 The commissioner shall make, or cause to be made by the insurance authority of the State where the insurer is organized, an examination of the books and…
    • § 1073 Whenever any insurer withdraws from business in this State, and whenever for any reason the commissioner revokes or cancels the certificate of authority…
    • § 1074 Upon the failure of such insurer to pay the expense of such advertising within thirty days after the presentation of the bill therefor, the commissioner shall…
    • § 1076 The withdrawing insurer shall pay to the commissioner a fee of one thousand four hundred ten dollars ($1,410) for all services and expenses in connection with…
54. ARTICLE 15.5. Administrative Supervision §§ 1077–1077.95 · 11 sections

    • § 1077 As used in this article: (a) “Insurer” means and includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts…
    • § 1077.1 The provisions of the article shall apply to all of the following: (a) All domestic life or disability insurers, except the State Compensation Insurance Fund.…
    • § 1077.2 (a) An insurer may be subject to administrative supervision by the commissioner if, upon examination or at any other time it appears in the commissioner’s…
    • § 1077.3 (a) Notwithstanding any other provision of law, and except as set forth in this section, proceedings, hearings, notices, correspondence, reports, records, and…
    • § 1077.4 During the period of supervision, the commissioner or his or her designated appointee shall serve as the administrative supervisor. The commissioner may…
    • § 1077.5 During the period of supervision the insurer may contest an action taken or proposed to be taken by the supervisor specifying the manner wherein the action…
    • § 1077.6 Nothing contained in this article shall preclude the commissioner from initiating judicial proceedings to place an insurer in conservation, rehabilitation, or…
    • § 1077.7 The commissioner may adopt reasonable rules necessary for the implementation of this article.
    • § 1077.8 Notwithstanding any other provision of law, the commissioner may meet with a supervisor appointed under this article and with the attorney or other…
    • § 1077.9 There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or its employees or…
    • § 1077.95 The authority granted pursuant to this article is in addition to, and not in lieu of, any other provision of this code.
55. ARTICLE 16. Approval of Reinsurance Plans §§ 1080–1091 · 3 sections

    • § 1080 Any domestic incorporated mutual life insurer or disability insurer or life and disability insurer issuing nonassessable policies on a reserve basis may merge,…
    • § 1090 An insurer which is insolvent, retiring from business in this state other than by merger or consolidation into an admitted insurer with the commissioner’s…
    • § 1091 The retiring insurer shall pay to the commissioner a fee of one thousand seven hundred ninety-four dollars ($1,794) for filing the documents initiating…
56. ARTICLE 17. Loans and Investments §§ 1100–1107.1 · 20 sections

    • § 1100 In this state, all investments and deposits of the assets of an insurer, all purchases on behalf of an insurer, and all sales made of the property and effects…
    • § 1100.1 Every admitted incorporated insurer may under a certificate of authority issued pursuant to the provisions of Article 3 (commencing with Section 699), engage…
    • § 1101 (a) An admitted insurer’s officers, directors, trustees, and any persons who have authority in the management of the insurer’s funds, shall not, unless…
    • § 1101.1 An officer, excluding a director who holds no other office, or employee of an admitted insurer shall not receive any money or valuable thing directly or…
    • § 1102 The financial obligation of any officer, director, trustee, or other person having authority in the management of an insurer’s funds shall not be guaranteed by…
    • § 1103 Whenever an insurer is injured or made to suffer loss by reason of any violation of the provisions of sections 1101, 1102 or 1104, such insurer may recover…
    • § 1104 An admitted insurer shall not make any loan, other than a policy loan, to any officer, director, trustee or other person having authority in the management of…
    • § 1104.1 The commissioner may from time to time require any domestic admitted insurer to report to him, in such detail as he may prescribe, the moneys and securities…
    • § 1104.2 Every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of stock of a domestic insurer or who is a director or…
    • § 1104.3 For the purpose of preventing the unfair use of information which may have been obtained by any beneficial owner of an insurer, or director or officer thereof,…
    • § 1104.4 It shall be unlawful for any beneficial owner of an insurer, or director or officer thereof, described in Section 1104.2, to, directly or indirectly, sell any…
    • § 1104.5 The provisions of Section 1104.3 shall not apply to any purchase and sale, or sale and purchase, and the provisions of Section 1104.4 shall not apply to any…
    • § 1104.6 The provisions of Sections 1104.2, 1104.3, and 1104.4 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules…
    • § 1104.7 The term “stock” as it is used in Sections 1104.2, 1104.3, 1104.4, 1104.5 and 1104.8 means any stock or similar security, or any security, convertible, with or…
    • § 1104.8 The provisions of Sections 1104.2, 1104.3, and 1104.4 shall not apply to a domestic insurer if: (a) Its stock shall be registered, or shall be required to be…
    • § 1104.9 (a) (1) As used in this section, “qualified custodian” means: (A) commercial banks (as defined in Section 105 of the Financial Code), savings and loan…
    • § 1105 This article shall not prevent: (a) The purchase by any person of any asset which the commissioner requires to be sold, at a price approved by the…
    • § 1106 Any person violating, or wilfully aiding another in the violation of, Sections 1101, 1101.1, 1102, 1103, 1104 or the commissioner’s order issued pursuant to…
    • § 1107 In accordance with either subdivision (e) of Section 1001 or Section 1101.1 of the Corporations Code, an insurer may apply for the insurance commissioner’s…
    • § 1107.1 The commissioner shall require the payment of three hundred seventy-four dollars ($374), as fee for the determination referred to in Section 1107.
57. ARTICLE 18. Multiple Insurer Operations §§ 1110–1113 · 4 sections

    • § 1110 This article does not apply to combination automobile insurance policies in which one insurer issues a policy covering certain classes of insurance on a risk,…
    • § 1111 Insurers desiring to issue policies to which this article is applicable, and to pay commissions to persons who are licensed as insurance agents, but not as…
    • § 1112 Within 10 days after the withdrawal of an insurer from the plan or from the time additional insurers participate in the plan, notice of the change shall be…
    • § 1113 For filing application for a permit issued pursuant to this article, the commissioner shall charge and collect the sum of one hundred seven dollars ($107).