DIVISION 5. INSURANCE ADJUSTERS [14000. - 16032.]
Division 5 added by Stats. 1980, Ch. 1190, Sec. 11.
§§ 14000–16032 · 159 sections
CHAPTER 1. Insurance Adjuster Act §§ 14000–14099 · 72 sections
ARTICLE 1. General Provisions §§ 14000–14002 · 3 sections
- § 14000 This chapter may be cited as the Insurance Adjuster Act.
- § 14001 As used in this chapter: (a) “Commissioner” means the Insurance Commissioner. (b) “Department” means the Department of Insurance. (c) “Licensee” means a person…
- § 14002 Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he is an active member of the State Bar of California.
ARTICLE 2. Administration §§ 14010–14013 · 4 sections
- § 14010 The department succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Bureau of…
- § 14011 The commissioner may, in accordance with the State Civil Service Act, appoint such inspectors, investigators, and other personnel as may be necessary for the…
- § 14012 Every power and duty granted to or imposed upon the commissioner may be exercised by any other officer or employee of the department authorized by the…
- § 14013 The commissioner may adopt and enforce reasonable rules: (a) Fixing the qualifications of licensees and managers, in addition to those prescribed in this…
ARTICLE 3. Regulation, Licensing, and Registration §§ 14020–14047 · 31 sections
- § 14020 (a) A person shall not engage in a business regulated by this chapter, or act or assume to act as, or represent themselves to be, a licensee unless the person…
- § 14021 An insurance adjuster within the meaning of this chapter is a person other than a private investigator as defined in Section 7521 of the Business and…
- § 14022 This chapter does not apply to: (a) (1) A person employed exclusively and regularly by one employer in connection with the affairs of the employer only and if…
- § 14022.5 (a) In the event of an emergency situation as declared by the commissioner, claims arising out of the emergency, catastrophe, disaster, or other similar…
- § 14023 An application for a license under this chapter shall be on a form prescribed by the commissioner and accompanied by the application fee provided by this…
- § 14024 An application shall be verified and shall include: (a) The full name and business address of the applicant. (b) The name under which applicant intends to do…
- § 14025 Before an application for a license is granted, the applicant, or his or her manager, shall meet all of the following: (a) Be at least 18 years of age. (b) Not…
- § 14026 The commissioner may require an applicant, or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination…
- § 14026.5 Where a person who is or has been licensed under this chapter has been found by the commissioner to have violated any provision of this code that would justify…
- § 14027 Payment of the application fee prescribed by this chapter entitles an applicant, or his or her manager, to one examination without further charge. If the…
- § 14028 After a hearing the commissioner may deny a license unless the application makes a showing satisfactory to the commissioner that the applicant, if an…
- § 14028.5 The commissioner may, without hearing, deny a license if the applicant has committed any act or crime constituting grounds for denial of license under Section…
- § 14029 (a) The business of each licensee shall be operated under the active direction, control, charge, or management of the licensee, if the licensee is qualified,…
- § 14030 Whenever the individual on the basis of whose qualifications a license under this chapter has been obtained ceases to be connected with the licensee for any…
- § 14031 Whenever a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a…
- § 14032 The form and content of the license shall be determined by the commissioner in accordance with Section 164 of the Business and Professions Code.
- § 14033 The license shall at all times be posted in a conspicuous place in the principal place of business of the licenses.
- § 14034 Upon the issuance of a license, a pocket card of such size, design, and content as may be determined by the commissioner shall be issued without charge to each…
- § 14035 A licensee shall, within 30 days after such change, notify the department of any change of his or her address and of any change in the officers or partners of…
- § 14036 A license issued under this chapter is not assignable.
- § 14037 A licensee shall at all times be legally responsible for the good conduct in the business of each of the licensee’s employees or agents, including the…
- § 14038 (a) Any licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or district attorney, or to his or her…
- § 14039 No person licensed as an insurance adjuster shall do any of the following: (a) Fail to disclose his or her full financial interest in a contract or agreement…
- § 14040 Any badge or cap insignia worn by a person who is a licensee, officer, director, partner, manager, or employee of a licensee shall be of a design approved by…
- § 14041 Each licensee shall maintain a record containing such information relative to his or her employees as may be prescribed by the commissioner.
- § 14042 A licensee shall not conduct a business under a fictitious or other business name unless and until he or she has obtained the written authorization of the…
- § 14043 Each licensee shall file with the commissioner the complete address of his or her principal place of business, including the name and number of the street or,…
- § 14044 Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, and license number as they appear in the records…
- § 14045 A licensee shall not advertise or conduct business from any location other than that shown on the records of the commissioner as his or her principal place of…
- § 14046 (a) (1) The department shall annually prepare and deliver to every person licensed under this chapter and every insurer admitted in this state a notice…
- § 14047 (a) For a claim under a policy of residential property insurance arising as a result of a state of emergency, as defined in subdivision (b) of Section 8558 of…
ARTICLE 4. Bonds §§ 14050–14054 · 5 sections
- § 14050 (a) A license shall not be issued under this chapter unless the applicant files with the commissioner a surety bond executed by a surety company authorized to…
- § 14051 The bond required by this article shall be taken in the name of the people of this state and every person injured by the willful, malicious, or wrongful act of…
- § 14052 (a) Every licensee who is required by this article to file a surety bond or a certificate of insurance shall at all times maintain on file the surety bond or…
- § 14053 In lieu of the surety bond required by this article there may be deposited with the State of California the sum of two thousand dollars ($2,000) in cash, or…
- § 14054 Bonds executed and filed with the commissioner pursuant to this article shall remain in force and effect until the surety has terminated future liability by…
ARTICLE 5. Disciplinary Proceedings §§ 14060–14065 · 8 sections
- § 14060 Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 14070), the proceedings under this article shall be conducted…
- § 14061 The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if he or she…
- § 14061.5 The commissioner may, without hearing, suspend or revoke a license issued under this chapter, or may issue a restricted license, if he or she determines that…
- § 14062 The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction, as that term is used in this article or in Section 14028…
- § 14063 The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the…
- § 14064 The commissioner may suspend or revoke a license issued under this chapter or may issue a restricted license in accordance with Section 14026.5 if the…
- § 14064.5 (a) The commissioner may, at any time, deny, suspend, or revoke a nonlicensed adjuster’s registration under Section 14022.5, or impose a restricted…
- § 14065 The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 14061, 14063, 14064, and 14064.5, may impose…
ARTICLE 6. Nonresidents §§ 14070–14078 · 9 sections
- § 14070 As used in this article, “presiding officer” means the executive officer of the Office of Administrative Hearings.
- § 14071 The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her performance…
- § 14072 The acceptance of such rights and privileges as evidenced by such act shall signify the agreement of the licensee that any such process which is served against…
- § 14073 Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the…
- § 14074 A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered…
- § 14075 Proof of compliance with Section 14074 shall be made in the event of service by mail by affidavit of the presiding officer or his or her authorized employee…
- § 14076 The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, such hearing officer, may order such…
- § 14077 The presiding officer shall keep a record of all process served upon him or her pursuant to this article, which record shall show the day and hour of service.
- § 14078 As used in this article, “nonresident” means a person who is not a resident of this state at the time of the performance of the act referred to in Section…
ARTICLE 7. Penal Provisions § 14080 · 1 section
- § 14080 Any person who knowingly falsifies the fingerprints or photographs submitted under subdivision (f) of Section 14024 is guilty of a felony. Any person who…
ARTICLE 7.5. Crop Insurance Adjusters § 14085 · 1 section
- § 14085 (a) Upon application, the commissioner shall issue a crop insurance adjuster license to a person who meets both of the following requirements: (1) Obtains an…
ARTICLE 8. Expiration and Renewal of Licenses and Cards §§ 14090–14094 · 7 sections
- § 14090 Every license, branch office certificate, and pocket card issued pursuant to this chapter shall expire on the day two years after the last calendar day of the…
- § 14090.1 (a) An individual who holds an insurance adjuster license and who is not exempt under subdivision (b) shall satisfactorily complete a minimum of 24 hours, of…
- § 14090.2 Notwithstanding Section 14090, the commissioner may establish license periods and renewal dates for all licenses issued pursuant to this chapter so as to…
- § 14091 Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within one year after its expiration…
- § 14092 A suspended license or branch office certificate is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not…
- § 14093 A revoked license or branch office certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its…
- § 14094 A license or branch office certificate which is not renewed within one year after its expiration may not be renewed, restored, reinstated, or reissued…
ARTICLE 9. Revenue §§ 14097–14099 · 3 sections
- § 14097 The amount of fees prescribed by this chapter, unless otherwise fixed, is that fixed in the following schedule: (a) The application fee for an original license…
- § 14098 The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the…
- § 14099 Application or license fee shall not be refunded except in accordance with Section 158 of the Business and Professions Code.
CHAPTER 2. Public Insurance Adjusters Act §§ 15000–15062 · 71 sections
ARTICLE 1. General Provisions §§ 15000–15002 · 3 sections
- § 15000 This chapter may be cited as the Public Insurance Adjusters Act.
- § 15001 As used in this chapter, the following terms have the following meanings: (a) “Apprentice public insurance adjuster” means a person who is qualified in all…
- § 15002 Nothing in this chapter shall be construed as entitling any person to practice law in this state, unless he or she is an active member of the State Bar of…
ARTICLE 2. Administration §§ 15003–15005 · 3 sections
- § 15003 The commissioner may, in accordance with the State Civil Service Act, appoint those inspectors, investigators, and other personnel as may be necessary for the…
- § 15004 Every power and duty granted to or imposed upon the commissioner may be exercised by any other officer or employee of the department authorized by the…
- § 15005 The commissioner may adopt and enforce reasonable rules: (a) Fixing the qualifications of licensees in addition to those prescribed in the chapter, necessary…
ARTICLE 3. Regulation, Licensing, and Registration §§ 15006–15032 · 32 sections
- § 15006 (a) No person shall engage in a business regulated by this chapter, or act or assume to act as, or represent himself or herself to be, a licensee unless he or…
- § 15007 A public insurance adjuster within the meaning of this chapter is a person who, for compensation, acts on behalf of or aids in any manner, an insured in…
- § 15008 This chapter does not apply to any of the following: (a) An attorney at law admitted to practice in this state, when performing his or her duties as an…
- § 15009 An application for a license under this chapter shall be on a form prescribed by the commissioner and accompanied by the application fee provided by this…
- § 15009.1 (a) The applicant shall complete a 20-hour prelicensing course of study for the lines of authority for a public insurance adjuster license. (b) An applicant…
- § 15010 An application shall be verified and shall include all of the following: (a) The full name and business address of the applicant. (b) The name under which the…
- § 15011 Before an application for a license is granted, the applicant shall meet all of the following requirements: (a) Be at least 18 years of age. (b) Shall not have…
- § 15012 The license issued by the commissioner shall include, but not be limited to, adjusting claims for fire and allied coverages, burglary, flood, and all property…
- § 15013 Each applicant for a license as a public insurance adjuster shall, prior to issuance of the license, personally take and pass, to the satisfaction of the…
- § 15016 (a) The apprentice public insurance adjuster license is a license to facilitate the training necessary to ensure reasonable competency to fulfill the…
- § 15017 (a) A nonresident license shall be issued by the commissioner to qualified persons who meet the requirements set forth in Section 15011, and who have appointed…
- § 15018 After a hearing, the commissioner may deny a license unless the applicant makes a showing satisfactory to the commissioner that the applicant has not: (a)…
- § 15018.5 The commissioner may, without hearing, deny an application if the applicant has committed any act or been convicted of a crime constituting grounds for denial…
- § 15019 Whenever a hearing is held under this chapter to determine whether an applicant for a license should be granted or to determine the qualifications of a…
- § 15020 The form and content of the license shall be determined by the commissioner.
- § 15021 The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
- § 15022 Upon the issuance of a license, a pocket card of that size, design, and content as may be determined by the commissioner shall be issued without charge to each…
- § 15023 A license issued under this chapter is not assignable.
- § 15024 Each licensee shall file with the commissioner the complete address of his or her principal place of business including the name and number of the street, or…
- § 15025 A licensee shall within 30 days of the change notify the department of any change of his or her address. The principal place of business may be at home or at a…
- § 15026 A licensee shall not advertise or conduct business from any location other than that shown on the records of the commissioner as his or her principal place of…
- § 15027 (a) A licensee shall not, directly or indirectly, act within this state as a public insurance adjuster without having first entered into a contract, in…
- § 15027.1 (a) In addition to the restrictions in subdivision (e) of Section 15027, a licensee shall not solicit a contract of engagement for residential properties under…
- § 15027.5 Any person acting as a public adjuster who has executed a contract as described in Section 15027 is the agent of the insured. While acting under the authority…
- § 15028 No person licensed as a public insurance adjuster shall do any of the following: (a) Use any misrepresentation to solicit a contract or agreement to adjust a…
- § 15028.5 (a) A public insurance adjuster shall maintain a complete record of each of his or her transactions as a public insurance adjuster. The records shall include…
- § 15028.6 All funds received as claim proceeds by any person acting as a public insurance adjuster are received and held by that person in his or her fiduciary capacity.…
- § 15028.7 (a) A public adjuster who receives, accepts, or holds any funds on behalf of an insured towards the settlement of a claim for loss or damage shall deposit the…
- § 15029 No person shall concurrently hold a license under the provisions of this chapter and the provisions of Chapter 1 (commencing with Section 14000).
- § 15030 Each licensee shall maintain a record containing that information relative to his or her employees as may be prescribed by the commissioner.
- § 15031 (a) A licensee shall not conduct a business under a fictitious or other business name unless and until he or she has obtained the written authorization of the…
- § 15032 Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, or license number as they appear in the records of…
ARTICLE 4. Bonds §§ 15033–15037 · 5 sections
- § 15033 No license shall be issued under this chapter unless the applicant files with the commissioner a surety bond executed by a surety company authorized to do…
- § 15034 The bond required by this chapter shall be taken in the name of the people in the state and every person injured by the willful, malicious, or wrongful act of…
- § 15035 Every licensee shall at all times maintain on file the surety bond required by this chapter in full force and effect and upon failure to do so the license of…
- § 15036 In lieu of the surety bond required by this chapter there may be deposited with the State of California the sum of twenty thousand dollars ($20,000) in cash,…
- § 15037 Bonds executed and filed with the commissioner pursuant to this chapter shall remain in force and effect until the surety has terminated future liability by…
ARTICLE 5. Disciplinary Proceedings §§ 15038–15043 · 7 sections
- § 15038 Except as otherwise required to comply with the provisions of Article 6 (commencing with Section 15044), the proceedings under this article shall be conducted…
- § 15039 The commissioner may suspend or revoke a license issued under this chapter if he or she determines that the licensee has done any of the following: (a) Made…
- § 15039.5 The commissioner may, without hearing, suspend or revoke a license issued under this chapter if he or she determines that the licensee has committed any act or…
- § 15040 The record or conviction, or a certified copy thereof, shall be conclusive evidence of the conviction as that term is used in this article or in Section 15018…
- § 15041 The commissioner shall suspend or revoke a license issued under this chapter if the commissioner determines that the licensee has: (a) Used any letterhead,…
- § 15042 The commissioner may suspend or revoke a license issued under this chapter if the commissioner determines that the licensee has committed any act in the course…
- § 15043 The commissioner, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 15039, 15041, and 15042, may impose a civil…
ARTICLE 6. Nonresidents §§ 15044–15052 · 9 sections
- § 15044 As used in this article, “presiding officer” means the Executive Officer of the Office of Administrative Hearings.
- § 15045 The acceptance of a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her performance…
- § 15046 The acceptance of such rights and privileges as evidenced by such act shall signify the agreement of the licensee that any such process which is served against…
- § 15047 Service shall be made by leaving a copy of the accusation, together with notice of defense and statement to respondent as described in Section 11505 of the…
- § 15048 A notice of that service and a copy of the accusation, together with the notice of defense and statement to respondent shall forthwith be sent by registered…
- § 15049 Proof of compliance with Section 15048 shall be made in the event of service by mail by affidavit of the presiding officer or his or her authorized employee…
- § 15050 The commissioner, or if the proceeding is heard before a hearing officer of the Office of Administrative Hearings, the hearing officer, may order those…
- § 15051 The presiding officer shall keep a record of all process served upon him or her pursuant to this article, which records shall show the day and hour of service.
- § 15052 As used in this article, “nonresident” means a person who is not a resident of this state at the time of the performance of the act referred to in Section…
ARTICLE 7. Penal Provisions § 15053 · 1 section
- § 15053 A person who knowingly falsifies the fingerprints or photographs submitted under subdivision (f) of Section 15010 or paragraph (12) of subdivision (b) of…
ARTICLE 8. Expiration and Renewal of Licenses and Cards §§ 15054–15062 · 11 sections
- § 15054 Every license, branch office certificate, and pocket card issued pursuant to this chapter shall expire on the day two years after the last calendar day of the…
- § 15055 Notwithstanding Section 15054, the commissioner may establish license periods and renewal dates for all licenses issued pursuant to this chapter so as to…
- § 15056 (a) Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within one year after its…
- § 15057 A suspended license or branch office certificate is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not…
- § 15058 A revoked license or branch officer certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its…
- § 15059 A license or branch office certificate which is not renewed within one year after its expiration may not be renewed, restored, reinstated, or reissued…
- § 15059.1 (a) An individual who holds a public insurance adjuster license and who is not exempt under subdivision (b) shall satisfactorily complete a minimum of 24…
- § 15059.2 A person who fails to meet the requirements imposed by Section 15059.1, and who has not been granted an extension of time by the commissioner within which to…
- § 15060 The amount of fees prescribed by this chapter is that in the following schedule: (a) The fee for the qualifying examination for an original license is…
- § 15061 The department shall receive and account for all moneys derived from the operation of this chapter and, at the end of each month, shall report such money to…
- § 15062 Application or license fees shall not be refunded pursuant to Section 1751.5.
CHAPTER 3. Emergency Disaster Assessment §§ 16000–16032 · 16 sections
ARTICLE 1. General Provisions §§ 16000–16002 · 3 sections
- § 16000 As used in this chapter, “state of emergency” means a state of emergency or local emergency as defined in Section 8558 of the Government Code.
- § 16001 This chapter shall apply to all insurers insuring real or personal property in the state, and any other classes of insurers that the commissioner determines…
- § 16002 The purpose and function of the disaster assessment teams is solely to determine the staffing and support needs of insurers in handling anticipated claims.
ARTICLE 2. Emergency Disaster Assessment §§ 16010–16016 · 8 sections
- § 16010 In order to ensure an adequate response to disasters, the Legislature finds it necessary and appropriate to establish insurance disaster assessment teams.
- § 16010.5 The commissioner shall establish insurance disaster assessment teams in accordance with the provisions of this chapter.
- § 16011 (a) Each team shall consist of not more than seven insurance representatives. Insurers doing business in this state that want to participate in the insurance…
- § 16012 Upon the occurrence of any state of emergency involving property damage, the commissioner may require any insurance disaster assessment team to assemble for…
- § 16013 State and local law enforcement officials shall permit an insurance disaster assessment team to have access to any disaster area as soon as determined safe and…
- § 16014 The insurance disaster assessment team may use any of the following techniques to assess the amount of damage: (a) Ground surveying on foot or vehicle, or…
- § 16015 The insurance disaster assessment team shall make a general assessment of the amount and types of damage suffered in an attempt to identify the overall scope…
- § 16016 The insurance disaster assessment team shall compile its findings into a report and submit the report to the commissioner as soon as practical, but not more…
ARTICLE 3. Adjuster Identification §§ 16020–16022 · 3 sections
- § 16020 The commissioner, in consultation with the Office of Emergency Services and other emergency service agencies, shall establish a method for identification of…
- § 16021 (a) In accordance with the methods established under Section 16020, the commissioner shall issue identification badges to each insurer insuring property in the…
- § 16022 The commissioner shall distribute identification badges to insurance adjusters for the purpose of identifying persons who should be given access to disaster…
ARTICLE 4. Coordination of Emergency Operations §§ 16030–16032 · 2 sections
- § 16030 (a) The commissioner, in cooperation with insurers, the Office of Emergency Services, and other emergency service agencies, shall establish procedures for the…
- § 16032 Any privately owned or operated resources hired by an insurer for the purpose of protecting structures endangered by fire or performing firefighting duties…