Fire and Marine InsuranceFraternal Fire Insurers
Section § 9080
This law says that any associations that were organized and operating before January 1, 1947, are not subject to California's insurance laws, as long as they follow the rules outlined in this chapter. Additionally, no new associations can be formed or conduct insurance business under these specific rules.
Section § 9080.1
From January 1, 1954, any association wanting to conduct insurance activities as outlined in this chapter needs a certificate of exemption from the insurance commissioner. Before getting this certificate, the association must submit documents like its articles of incorporation and the insurance policies it plans to offer. The association must update the commissioner with any changes to these documents. If the association doesn't follow the rules, the certificate can be suspended or revoked. The process for such actions follows specific government procedural codes, and the commissioner has broad authority in these cases. The association must also comply with certain sections and articles of the insurance code.
Section § 9080.3
This law outlines rules for religious organizations in California that offer fire insurance exclusively to their members and churches. It applies to organizations that have been providing this service since January 1, 1925. These organizations must follow specific provisions including limits on the amount of insurance they can provide based on their financial standing.
They are restricted from insuring more than 10% of their capital on any single risk, or more than 20% on properties within one city block, unless they secure additional coverage for the excess. Additionally, they are prohibited from insuring business properties in incorporated cities.
Section § 9081
This law permits secret fraternal societies that operate through lodges, councils, or granges in California and use ceremonial practices to create their own insurance entity. Members of the society can band together to help cover each other's fire-related losses.
Section § 9082
This law explains the steps needed to form an insurance association in California. The association must file a certificate both with the Secretary of State and in each county where its members have insured property. This certificate should include the association's general goals, its main business location, and the names of its officers. The officers must sign the certificate, and at least three of them must verify it.
Section § 9083
This law states that the officers of the insurance association must be members of the association and have insurance on their property through it.
Section § 9084
This section outlines the conditions under which a member association can insure its members' property against fire damage. The maximum coverage for a single risk is $10,000. However, if the risk exceeds certain limits ($3,500, $1,500, or any amount), the insurance isn't valid until other risks totaling specific dollar amounts ($200,000, $100,000, or $75,000) have been covered and all premiums paid.
Section § 9085
This law states that insurance coverage from an association can only be given to members who are in good standing with the society that created the association. If someone is suspended or withdraws from the society, their insurance is paused until they return to good standing. However, if a member is reinstated after suspension, the original insurance term is not extended beyond its original end date.
Section § 9086
This law requires insurance associations to categorize properties by risk level from fire loss when they issue policies. The classification should use different rates that reflect the varying levels of fire risk associated with each property.
Section § 9087
This law states that inside any city or town, only specific types of property can be insured. These include homes and what's inside them, grange halls and their contents, other grange-related properties, and any buildings connected to them.
Section § 9087.5
Section § 9088
This law requires that associations include in their by-laws specific procedures for determining losses or damages caused by fire and for paying those losses.
Section § 9089
This law allows an association to act in its own name to carry out several activities. It can initiate or defend itself in legal proceedings, meaning it can sue others or be sued. It is permitted to lend money as its governing documents allow. The association can own real estate necessary for its operations and properties acquired through mortgage foreclosure, but must sell these within five years. Additionally, it can create by-laws to govern itself, as long as they comply with state laws.
Section § 9090
This law section explains that when members join this association, they agree to support each other financially if one of them suffers a loss due to fire.
Section § 9091
If you have insurance with this association, you're required to sign a written agreement that says you'll pay your share of the costs to run the association and cover fire losses that happen during your policy period. This means if there's a fire and the association pays or owes money because of it, you'll chip in for both the payouts and any related expenses.
Section § 9092
When you insure property with the association, you need to pay an upfront cash percentage and any additional charges as specified by the association's rules or by-laws.
Section § 9093
Either party in an association's insurance policy can cancel the policy. If this happens, any financial settlement or adjustments will follow the association's by-laws.
Section § 9094
This law requires the secretary of an association to create an annual statement detailing the association's finances, including its assets and liabilities, as of December 31st of the previous year. This statement needs to be verified under oath by both the association's president and secretary. It must then be sent to the commissioner by March 1st each year.
Section § 9095
This law allows an insurance association that offers fire policies to expand their coverage. They can include damage from things like windstorms, hail, riots, and vehicles. It can also cover water damage, burst pipes, vandalism, snow damage, tree falls, burglary, and liability.
However, the law specifically defines what counts as an 'explosion.' It does not cover explosions from certain machines and pressure vessels unless there's a resulting fire. Also, smaller water heaters for home use are excluded from the definition of 'boiler' or 'heater.'
Section § 9096
This law declares that associations certified under a certain chapter are considered charitable and benevolent. Their funds are exempt from state, county, district, municipal, and school taxes, except for taxes on real estate and office equipment.
Section § 9097
If a certified association or organization wants to transfer its policies and responsibilities to another insurer, it can do so by making an agreement with a mutual insurer that is already allowed to handle those types of insurance. However, this transfer must follow certain legal rules outlined in the subsequent sections, from 9098 through 9103.
Section § 9098
This law requires that any transaction allowed by Section 9097 needs to be approved by the organization’s board of directors or governing body. After approval, it must be submitted to the commissioner with an application for approval and a fee of $494.
Section § 9099
The commissioner reviews agreements and plans to ensure they're fair for the organization's members. He can add requirements about reinsurance, membership voting procedures, and notification about votes to ensure fairness.
Section § 9100
This law states that if a certain plan and agreement in an organization or association is approved by the commissioner, it must then be approved by a vote of at least two-thirds of the members. These members can cast their votes either in person or by proxy during a meeting.
Section § 9101
When a vote is needed on a plan or agreement for reinsurance, transfer, and assumption, members must receive written notice about the meeting and its purpose at least 30 days before it happens. The meeting can only proceed if at least 5 percent of the voting members are present either in person or by proxy, unless the organization's rules require more. If there aren't enough members for the meeting to advance, it can be rescheduled without sending another notice.
Section § 9102
In California, if a reinsurance plan is approved by members, a certified copy of the related proceedings must be submitted to the insurance commissioner. Once the commissioner confirms everything was done according to the law and their standards, they will officially approve the plan. The reinsurance deal will then become active immediately or on a date set in the agreement.
Section § 9103
This law requires that an organization's board of directors must file a copy of a certificate from the commissioner, which approves a specific plan and agreement, with the Secretary of State. After this filing, the organization can no longer conduct normal business activities and should only focus on wrapping up its remaining affairs.