CHAPTER 9. Rates and Rating and Other Organizations [1850.4. - 1861.16.]

Chapter 9 added by Stats. 1947, Ch. 805.

§§ 1850.4–1861.16 · 63 sections

1. ARTICLE 1. Purpose and Scope of Chapter §§ 1850.4–1851.1 · 4 sections

   • § 1850.4 In this chapter “casualty insurance” means all classes of insurance to which the provisions of this chapter are applicable and which are included within…
   • § 1850.5 In this chapter “wilful” or “wilfully” in relation to an act or omission which constitutes a violation of this chapter means with actual knowledge or belief…
   • § 1851 The provisions of this chapter shall apply to all insurance on risks or on operations in this state, except: (a) Reinsurance, other than joint reinsurance to…
   • § 1851.1 Notwithstanding subdivision (f) of Section 1851 or any other provision of law and except as and to the extent otherwise provided in Section 1854.5 and 11753.3,…
2. ARTICLE 2. Making and Use of Rates §§ 1853.5–1853.9 · 3 sections

   • § 1853.5 With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting…
   • § 1853.8 Agreements may be made among admitted insurers with respect to the equitable apportionment among them of casualty insurance which may be afforded applicants…
   • § 1853.9 Upon compliance with the provisions of this chapter applicable thereto any rating organization, advisory organization, and any group, association or other…
3. ARTICLE 2.5. Making and Use of Rates—Insurance of Properties Being Purchased From Department of Veterans Affairs §§ 1853.95–1853.97 · 3 sections

   • § 1853.95 Admitted insurers are hereby expressly authorized to enter into agreements with the Department of Veterans Affairs with respect to the furnishing of insurance…
   • § 1853.96 The use of such rates and forms by insurers pursuant to such agreements is hereby expressly permitted, and the provisions of Section 1852 are not applicable…
   • § 1853.97 Automobile liability insurance and automobile physical damage insurance may, at the option of the insurer, be considered a single line for rate filing purposes.
4. ARTICLE 4. Advisory Organizations §§ 1855–1855.5 · 6 sections

   • § 1855 No advisory organization shall conduct its operations in this State unless and until it has filed with the commissioner (a) a copy of its constitution,…
   • § 1855.1 It is the intent of the Legislature in enacting this article to promote competition in the insurance business and provide a means whereby insurance consumers…
   • § 1855.2 As used in this article, “advisory organization” means every group, association, or other organization of insurers, whether located within or outside of this…
   • § 1855.3 Two or more insurers may cooperate with and act in concert with others as members of an advisory organization with respect to any matters pertaining to the…
   • § 1855.4 Members and subscribers of advisory organizations may use the policy or bond forms, or manuals, of advisory organizations, either consistently or…
   • § 1855.5 (a) An advisory organization may prepare and distribute insurance policy or bond forms, and manuals, including policy writing rules, rating plans,…
5. ARTICLE 5. Joint Underwriting and Joint Reinsurance § 1856 · 1 section

   • § 1856 Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association or…
6. ARTICLE 6. Records and Examinations §§ 1857–1857.4 · 5 sections

   • § 1857 (a) Every insurer or advisory organization and every group, association, or other organization of insurers that engages in joint underwriting or joint…
   • § 1857.1 The commissioner shall, at least once every five years, and may as often as may be reasonable and necessary, make or cause to be made an examination of each…
   • § 1857.2 The commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which the…
   • § 1857.3 The officers, managers, agents and employees of any such organization, group, association or insurer may be examined at any time under oath and shall exhibit…
   • § 1857.4 The reasonable cost of any examination authorized by this article shall be paid by the organization, group, association or insurer to be examined.
7. ARTICLE 6.5. Recording and Reporting of Loss and Expense Experience §§ 1857.7–1857.9 · 2 sections

   • § 1857.7 The application referred to in subdivision (b) of Section 1861.05 shall include, but shall not be limited to, all of the following information: (1) Premiums…
   • § 1857.9 (a) An insurer doing business in this state, except as provided by subdivision (f), shall report the information specified by the commissioner that is…
8. ARTICLE 7. Hearings, Procedure and Judicial Review §§ 1858–1858.7 · 14 sections

   • § 1858 (a) Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization, may…
   • § 1858.01 (a) Whenever a written complaint has been filed with the commissioner, the commissioner shall review and investigate the matter complained of as provided by…
   • § 1858.02 (a) The commissioner may seek resolution of a complaint by informal conciliation at any time and may require the complainant and insurer or rating organization…
   • § 1858.05 Whenever a written complaint and request for hearing with the commissioner has been filed pursuant to Section 1858, and the complaint concerns medical…
   • § 1858.07 (a) Any person who uses any rate, rating plan, or rating system in violation of this chapter is liable to the state for a civil penalty not to exceed five…
   • § 1858.1 If after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint…
   • § 1858.15 Once commenced, an examination pursuant to Section 1858.1 shall be promptly conducted and concluded within a reasonable time. If the examination is being…
   • § 1858.2 (a) If the insurer, organization, group, or association does not make those changes as may be necessary to correct the noncompliance specified in the notice…
   • § 1858.3 If after a hearing pursuant to Section 1858.2 the commissioner finds: (a) That any rate, rating plan, or rating system violates the provisions of this chapter…
   • § 1858.35 On or before May 1 of each year, the commissioner shall submit a report to the Legislature and the Governor stating the number and type of complaints received…
   • § 1858.4 In addition to other penalties provided in this code, the commissioner shall suspend or revoke, in whole or in part, the license of any rating organization or…
   • § 1858.5 Except as otherwise provided in this chapter, all proceedings in connection with the denial, suspension or revocation of a license or certificate of authority…
   • § 1858.6 Any finding, determination, rule, ruling or order made by the commissioner under this chapter shall be subject to review by the courts of the State and…
   • § 1858.7 Whenever the commissioner determines that a rate is excessive or not excessive, he shall, upon the written request of any complainant, disclose the basis upon…
9. ARTICLE 8. Penalties §§ 1859–1859.1 · 2 sections

   • § 1859 No person, insurer or organization shall wilfully withhold information from, or knowingly give false or misleading information to, the commissioner or to any…
   • § 1859.1 (a) Any person, insurer, organization, group, or association who fails to comply with a final order of the commissioner under this chapter shall be liable to…
10. ARTICLE 9. Miscellaneous §§ 1860–1860.3 · 4 sections

    • § 1860 Nothing in this chapter shall be construed to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by…
    • § 1860.1 No act done, action taken or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or…
    • § 1860.2 The administration and enforcement of this chapter shall be governed solely by the provisions of this chapter. Except as provided in this chapter, no other law…
    • § 1860.3 The provisions of the following sections of this code shall be applicable to the administration, enforcement and interpretation of this chapter: Sections 1 to…
11. ARTICLE 10. [Reduction and Control of Insurance Rates] §§ 1861.01–1861.16 · 19 sections

    • § 1861.01 Insurance Rate Rollback. (a) For any coverage for a policy for automobile and any other form of insurance subject to this chapter issued or renewed on or after…
    • § 1861.02 (a) Rates and premiums for an automobile insurance policy, as described in subdivision (a) of Section 660, shall be determined by application of the following…
    • § 1861.025 A person is qualified to purchase a Good Driver Discount policy if he or she meets all of the following criteria: (a) He or she has been licensed to drive a…
    • § 1861.03 (a) The business of insurance shall be subject to the laws of California applicable to any other business, including, but not limited to, civil rights laws…
    • § 1861.04 Full Disclosure of Insurance Information. (a) Upon request, and for a reasonable fee to cover costs, the commissioner shall provide consumers with a comparison…
    • § 1861.05 Approval of Insurance Rates. (a) No rate shall be approved or remain in effect which is excessive, inadequate, unfairly discriminatory or otherwise in…
    • § 1861.055 (a) The commissioner shall adopt regulations governing hearings required by subdivision (c) of Section 1861.05 on or before 120 days after the enactment of…
    • § 1861.06 Public notice required by this article shall be made through distribution to the news media and to any member of the public who requests placement on a mailing…
    • § 1861.07 All information provided to the commissioner pursuant to this article shall be available for public inspection, and the provisions of Section 7929.000 of the…
    • § 1861.08 Hearings shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that: (a)…
    • § 1861.09 Judicial review shall be in accordance with Section 1858.6. For purposes of judicial review, a decision to hold a hearing is not a final order or decision;…
    • § 1861.10 Consumer Participation. (a) Any person may initiate or intervene in any proceeding permitted or established pursuant to this chapter, challenge any action of…
    • § 1861.11 Emergency Authority. In the event that the commissioner finds that (a) insurers have substantially withdrawn from any insurance market covered by this article,…
    • § 1861.12 Group Insurance Plans. Any insurer may issue any insurance coverage on a group plan, without restriction as to the purpose of the group, occupation or type of…
    • § 1861.13 Application. This article shall apply to all insurance on risks or on operations in this state, except those listed in Section 1851.
    • § 1861.137 (a) Notwithstanding Section 1861.13, credit insurance shall not be subject to Sections 1861.01 and 1861.05. However, any rate for credit insurance shall be…
    • § 1861.14 Enforcement & Penalties. Violations of this article shall be subject to the penalties set forth in Section 1859.1. In addition to the other penalties provided…
    • § 1861.15 (a) An insurer issuing policies as described in subdivision (a) of Section 660, shall, as a condition of obtaining and maintaining a certificate of authority…
    • § 1861.16 (a) An insurer issuing a policy described in subdivision (a) of Section 660 by or through an insurance agent where a commission is paid, directly or…