CHAPTER 4. The Policy [380. - 460.]

Chapter 4 enacted by Stats. 1935, Ch. 145.

§§ 380–460 · 37 sections

1. ARTICLE 1. Definition and Scope §§ 380–396 · 21 sections

   • § 380 The written instrument, in which a contract of insurance is set forth, is the policy.
   • § 381 A policy shall specify: (a) The parties between whom the contract is made. (b) The property or life insured. (c) The interest of the insured in property…
   • § 381.1 (a) The information described in subdivision (b) shall be provided to the policyholder at the time of application for, or issuance of, a policy of automobile…
   • § 381.2 When a policy includes coverage for loss or damage to a specific item of personal property of the insured, which item is separately listed and described and on…
   • § 381.5 (a) Every policy issued, amended, delivered, or renewed in this state shall provide coverage for the registered domestic partner of an insured or policyholder…
   • § 382 Covering notes may be issued to bind insurance temporarily pending the issuance of the policy. Within 90 days after issue of a covering note a policy shall be…
   • § 382.5 A binder which is issued in accordance with this section shall be deemed an insurance policy for the purpose of proving that the insured has the insurance…
   • § 383 It is a misdemeanor: (a) For any insurer, or any agent of any insurer, to issue a policy in violation of the requirements of subdivision (f) of section 381.…
   • § 383.5 “Document,” as used in this section, means a policy or a certificate evidencing insurance under a master policy. The policy or certificate shall conform to…
   • § 383.6 The phrase “motor vehicle” or “motor vehicles” as used in Section 383.5 includes, but is not limited to: (a) Trailers, house trailers, mobilehomes, campers and…
   • § 384 (a) A certificate of insurance or verification of insurance provided as evidence of insurance in lieu of an actual copy of the insurance policy shall contain…
   • § 386 All policies issued by incorporated insurers shall be subscribed by the president or vice president, or chairman, or chief executive officer, or, in case of…
   • § 387 When the name of the person intended to be insured is specified in a policy, it can be applied only to his own interest.
   • § 388 When an insurance contract is executed with an agent or trustee as the insured, the fact that his principal or beneficiary is the real party in interest may be…
   • § 389 To render an insurance effected by one partner or part-owner applicable to the interest of his copartners, or of other part-owners, it is necessary that the…
   • § 390 When the description of the insured in a policy is so general that it may comprehend any person or any class of persons, only he who can show that it was…
   • § 391 A policy may be so framed that it will inure to the benefit of whomsoever, during the continuance of the risk, becomes the owner of the interest insured.
   • § 392 Any exception from the risk generally covered by a policy of insurance which insures property for the period of time when such property is under the dominion…
   • § 394 (a) The commissioner may approve insurance policies and associated materials in languages other than English if the following conditions are met: (1) The…
   • § 395 After a covered loss, an insurer shall provide, free of charge, a complete copy of the insured’s current insurance policy or certificate within 30 calendar…
   • § 396 (a) An insurer shall do either of the following: (1) Maintain a verifiable process that allows a policyholder to designate in writing or by electronic…
2. ARTICLE 2. Types of Policies §§ 410–413 · 4 sections

   • § 410 A policy is either open or valued.
   • § 411 An open policy is one in which the value of the subject matter is not agreed upon, but is left to be ascertained in case of loss.
   • § 412 A valued policy is one which expresses on its face an agreement that the thing insured shall be valued at a specified sum.
   • § 413 A running policy is one which contemplates successive insurances, and which provides that the object of the policy may be from time to time defined, especially…
3. ARTICLE 3. Insurer’s Name on Policy § 430 · 1 section

   • § 430 The policies issued by every insurer shall be entitled by its own name or a name approved by the commissioner under Section 881 or 882, printed on each policy…
4. ARTICLE 4. Warranties §§ 440–449 · 10 sections

   • § 440 A warranty is either express or implied.
   • § 441 A statement in a policy of a matter relating to the person or thing insured, or to the risk, as a fact, is an express warranty thereof.
   • § 442 A particular form of words is not necessary to create a warranty.
   • § 443 Every express warranty made at or before the execution of a policy shall be contained in the policy itself, or in another instrument signed by the insured and…
   • § 444 A warranty may relate to the past, the present, the future, or to any or all of these.
   • § 445 A statement in a policy, which imports that there is an intention to do or not to do a thing which materially affects the risk, is a warranty that such act or…
   • § 446 When, before the time arrives for the performance of a warranty relating to the future, a loss insured against happens, or performance becomes unlawful at the…
   • § 447 The violation of a material warranty or other material provision of a policy, on the part of either party thereto, entitles the other to rescind.
   • § 448 Unless the policy declares that a violation of specified provisions thereof shall avoid it, the breach of an immaterial provision does not avoid the policy.
   • § 449 A breach of warranty without fraud merely exonerates an insurer from the time that it occurs, or where the warranty is broken in its inception, prevents the…
5. ARTICLE 5. Inception Hours § 460 · 1 section

   • § 460 On and after January 1, 1972, every printed form of an insurance contract, including every policy, endorsement, rider, or any amendment thereof issued in this…