Section § 999

Explanation

This section highlights California's policy of encouraging quick settlements of civil cases because it benefits everyone involved, like claimants, policyholders, and insurers. It explains what 'extracontractual damages' are, which means any damages that go beyond what the insurance policy covers for things like property damage or personal injuries. It also defines a 'time-limited demand' as a specific offer to settle a claim before a lawsuit is filed, which needs to be accepted within a certain time and stay within the insurance limits.

(a)CA Civil Procedure Code § 999(a) It is declared to be the public policy of the State of California that prompt settlements of civil actions and claims are encouraged as beneficial to claimants, policyholders, and insurers.
(b)CA Civil Procedure Code § 999(b) For purposes of this section, the following definitions apply:
(1)CA Civil Procedure Code § 999(b)(1) “Extracontractual damages” means any amount of damage that exceeds the total available limit of liability insurance for all of a liability insurer’s liability insurance policies applicable to a claim for property damage, personal injury, bodily injury, or wrongful death.
(2)CA Civil Procedure Code § 999(b)(2) “Time-limited demand” means an offer prior to the filing of the complaint or demand for arbitration to settle any cause of action or a claim for personal injury, property damage, bodily injury, or wrongful death made by or on behalf of a claimant to a tortfeasor with a liability insurance policy for purposes of settling the claim against the tortfeasor within the insurer’s limit of liability insurance, which by its terms must be accepted within a specified period of time.

Section § 999.1

Explanation

This law explains how to properly make a time-limited demand to settle a claim. The demand must be written and clearly labeled as time-limited, giving at least 30 days for acceptance if sent digitally or by certified mail, and 33 days if sent by regular mail. It should clearly state an offer to settle within policy limits, release the insurer's insureds from liability, include essential details about the incident like date and location, specify the claim number if available, describe all known injuries, and provide reasonable proof, such as medical documentation, to support the claim.

A time-limited demand to settle any claim shall be in writing, be labeled as a time-limited demand or reference this section, and contain material terms, which include the following:
(a)CA Civil Procedure Code § 999.1(a) The time period within which the demand must be accepted shall be not fewer than 30 days from date of transmission of the demand, if transmission is by email, facsimile, or certified mail, or not fewer than 33 days, if transmission is by mail.
(b)CA Civil Procedure Code § 999.1(b) A clear and unequivocal offer to settle all claims within policy limits, including the satisfaction of all liens.
(c)CA Civil Procedure Code § 999.1(c) An offer for a complete release from the claimant for the liability insurer’s insureds from all present and future liability for the occurrence.
(d)CA Civil Procedure Code § 999.1(d) The date and location of the loss.
(e)CA Civil Procedure Code § 999.1(e) The claim number, if known.
(f)CA Civil Procedure Code § 999.1(f) A description of all known injuries sustained by the claimant.
(g)CA Civil Procedure Code § 999.1(g) Reasonable proof, which may include, if applicable, medical records or bills, sufficient to support the claim.

Section § 999.2

Explanation

If someone wants to make a time-limited demand to an insurance company, they need to send it to an address or email that the insurance company has provided, or to the insurance representative handling their claim. The Department of Insurance is responsible for posting these addresses online. Also, anything the Department does under this rule is considered a choice they make, not a requirement.

(a)CA Civil Procedure Code § 999.2(a) A claimant shall send their time-limited demand to either of the following:
(1)CA Civil Procedure Code § 999.2(a)(1) The email address or physical address designated by the liability insurer for receipt of time-limited demands for purposes of this chapter, if an address has been provided by the liability insurer to the Department of Insurance and the Department of Insurance has made the address publicly available.
(2)CA Civil Procedure Code § 999.2(a)(2) The insurance representative assigned to handle the claim, if known.
(b)CA Civil Procedure Code § 999.2(b) To implement this section, the Department of Insurance shall post on its internet website the email address or physical address designated by a liability insurer for receipt of time-limited demands for purposes of this chapter.
(c)CA Civil Procedure Code § 999.2(c) An act by the Department of Insurance pursuant to this section is a discretionary act for purposes of Section 820.2 of the Government Code.

Section § 999.3

Explanation

This law discusses how time-limited demands, which are specific offers to settle a claim, are handled. A recipient of such a demand can accept by fully agreeing to the terms in writing. If they ask for more information or time to investigate, that request won’t automatically count as rejecting the offer. If an insurer decides not to accept the demand, they must explain their decision in writing before the deadline. This explanation is important if there are later legal claims for extra damages against the insurer.

(a)CA Civil Procedure Code § 999.3(a) The recipients of a time-limited demand may accept the demand by providing written acceptance of the material terms outlined in Section 999.1 in their entirety.
(b)CA Civil Procedure Code § 999.3(b) Upon receipt of a time-limited demand, an attempt to seek clarification or additional information or a request for an extension due to the need for further information or investigation, made during the time within which to accept a time-limited demand, shall not, in and of itself, be deemed a counteroffer or rejection of the demand.
(c)CA Civil Procedure Code § 999.3(c) If, for any reason, an insurer does not accept a time-limited demand, the insurer shall notify the claimant, in writing, of its decision and the basis for its decision. This notification shall be sent prior to the expiration of the time-limited demand, including any extension agreed to by the parties, and shall be relevant in any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer.

Section § 999.4

Explanation

This law states that in a lawsuit involving a claimant trying to settle with an insurance company, any offer to settle must follow the rules laid out in this chapter to be considered reasonable. If the offer doesn't follow these rules, it won't be seen as fair or reasonable for purposes of suing an insurer for damages beyond what the insurance policy covers. However, these rules do not apply if the person making the claim doesn't have a lawyer. Lastly, if there's any conflict between this law and the Civil Discovery Act, the Civil Discovery Act takes priority.

(a)CA Civil Procedure Code § 999.4(a) In any lawsuit filed by a claimant, or by a claimant as an assignee of the tortfeasor or by the tortfeasor for the benefit of the claimant, a time-limited demand that does not substantially comply with the terms of this chapter shall not be considered to be a reasonable offer to settle the claims against the tortfeasor for an amount within the insurance policy limits for purposes of any lawsuit alleging extracontractual damages against the tortfeasor’s liability insurer.
(b)CA Civil Procedure Code § 999.4(b) This section shall not apply to a claimant that is not represented by counsel.
(c)CA Civil Procedure Code § 999.4(c) In the event a court determines that this chapter conflicts with the Civil Discovery Act, (Title 4 (commencing with Section 2016.010) of Part 4), the Civil Discovery Act shall prevail.

Section § 999.5

Explanation

This law explains that it applies to cases involving property damage, personal injury, and wrongful death that are covered by certain types of insurance policies, like those for cars or homes. It makes clear that other existing laws still apply, particularly those about what can be claimed or defended in court, except for what's specifically covered here. Also, this only applies to demands made after January 1, 2023.

(a)CA Civil Procedure Code § 999.5(a) This chapter shall only apply to causes of action and claims covered under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for property damage, personal or bodily injury, and wrongful death claims.
(b)CA Civil Procedure Code § 999.5(b) Except as provided in this chapter, nothing shall alter existing law, including law relating to claims, damages, and defenses, that may be asserted in litigation seeking extracontractual damages.
(c)CA Civil Procedure Code § 999.5(c) This chapter shall apply to time-limited demands transmitted on or after January 1, 2023.