Section § 9080

Explanation

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.

Except as provided by this chapter, an association organized and operating on or before January 1, 1947, under this chapter is not governed by the provisions of this code or other insurance laws of this State. No other association shall be formed or transact insurance under this chapter.

Section § 9080.1

Explanation

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.

On and after January 1, 1954, no association shall transact insurance under this chapter unless it has theretofore received and continues to hold a certificate of exemption from the commissioner.
Before procuring such certificate such association shall file with the commissioner certified copies of the articles of incorporation, association, by-laws, rules and regulations or other organization or governing documents, together with certified copies of all evidences of insurance which it proposes to issue. It shall thereafter file with the commissioner certified copies of all amendments to such documents or evidences. The commissioner shall issue such certificate of exemption upon application by such association and a showing by it that it qualifies therefor under the provisions of this chapter.
Such certificate of exemption is subject to suspension or revocation by the commissioner if the organization fails to comply with the requirements of this chapter.
The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and the commissioner shall have all the powers granted therein.
Such association is subject to Sections 1 to 41, inclusive, and to Articles 4 and 14 of Chapter 1, Part 2, Division 1 of this code.

Section § 9080.3

Explanation

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.

Any religious organization engaged in the business of writing fire insurance solely for its members and its churches on the effective date of this section, and which has been doing so continuously in California since January 1, 1925, is subject to all applicable provisions of this chapter.
Any religious organization described in this section shall not write insurance:
(a)CA Insurance Code § 9080.3(a) In excess of 10 percent of its capital and surplus as shown in its last statement on file with the commissioner, on any one risk, or in excess of 20 percent of its capital and surplus as shown in its last statement on file with the commissioner in any one city block within an incorporated city without immediately reinsuring the excess over those amounts.
(b)CA Insurance Code § 9080.3(b) On business property within any incorporated city.

Section § 9081

Explanation

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.

Secret fraternal societies, having lodges, councils or granges in this State, conducting their business and securing their membership on the lodge, council or grange system exclusively, and having ritualistic work and ceremonies in their lodges, councils or granges, may form an insurer by association of the members of their order or society, binding themselves to contribute to each other’s loss by fire.

Section § 9082

Explanation

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.

Such association shall be formed by filing a certificate in the office of the Secretary of State and a like certificate in the office of the clerk of each county in which a member has property insured in said association. Each such certificate shall state:
(a)CA Insurance Code § 9082(a) Generally, the objects of the association.
(b)CA Insurance Code § 9082(b) Its principal place of business.
(c)CA Insurance Code § 9082(c) The names of its officers.
Such certificates shall be signed by the officers of the association and verified by at least three of them.

Section § 9083

Explanation

This law states that the officers of the insurance association must be members of the association and have insurance on their property through it.

The officers of the association shall be members of the association, having property insured therein.

Section § 9084

Explanation

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.

Such an association may insure the property of its members against loss or damage by fire for an amount not exceeding ten thousand dollars ($10,000) on any one risk, subject to the following conditions as to amount:
(a)CA Insurance Code § 9084(a) A risk in excess of three thousand five hundred dollars ($3,500) shall not be binding as to such excess until risks to the amount of two hundred thousand dollars ($200,000) have been written and all premiums paid thereon.
(b)CA Insurance Code § 9084(b) A risk of more than one thousand five hundred dollars ($1,500) shall not be binding as to such excess until risks to the amount of one hundred thousand dollars ($100,000) have been written and all premiums paid thereon.
(c)CA Insurance Code § 9084(c) A risk regardless of amount, shall not be binding until risks to the amount of seventy-five thousand dollars ($75,000) have been written and all premiums paid thereon.

Section § 9085

Explanation

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.

A risk shall not be written by such association except for members in good standing on the books of the society forming the association. A suspension or withdrawal from membership in such society shall suspend the insurance until the member is restored to good standing in the society and association. A restoration to membership after suspension therefrom shall not extend the term of the insurance.

Section § 9086

Explanation

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.

All such associations shall classify the property insured by them at the time of issuing policies on such property. The classification shall be under different rates, corresponding as nearly as practicable to the greater or less risk from fire loss attached to the insured property.

Section § 9087

Explanation

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.

No property within the corporate limits of any city or town shall be insured except dwellings and the contents thereof, grange halls and the contents thereof, other grange property, and any buildings appurtenant thereto.

Section § 9087.5

Explanation
If an insurance policy covers a member's property interest and the property was insured by an association before the property became part of a city's boundaries, then Section 9087 does not apply to that insurance.
Section 9087 is not applicable to insurance covering an insurable interest of a member in property which was insured by the association prior to the inclusion of the property within the corporate limits of a city.

Section § 9088

Explanation

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.

Such association shall provide in its by-laws for the ascertainment of loss or damage by fire, and for the payment thereof.

Section § 9089

Explanation

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.

Such association by and in its own name may:
(a)CA Insurance Code § 9089(a) Sue and be sued.
(b)CA Insurance Code § 9089(b) Loan such funds as it has on hand in such manner as its articles of association and its by-laws provide.
(c)CA Insurance Code § 9089(c) Own sufficient real property for its business purposes, and such other real property as it becomes necessary to purchase on foreclosure of its mortgages. Real estate obtained by such foreclosure shall be sold and conveyed within five years from the time title vests in the association.
(d)CA Insurance Code § 9089(d) Make such by-laws, not inconsistent with the laws of this State, as are necessary for its government and for the transaction of its business.

Section § 9090

Explanation

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.

Such association creates a mutual agreement of its members to participate in each other’s loss by fire.

Section § 9091

Explanation

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.

Every insured shall give to the association a written instrument binding him to pay his share, proportioned to his insurance in the association, of the expense of operation and of the fire loss sustained by it during the term of his policy. Such loss consists of amounts paid or owing to insureds by reason of losses under the terms of fire policies issued by the association, together with the necessary expenses of the association in respect to such losses.

Section § 9092

Explanation

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.

Persons insuring property with the association shall, at the time of effecting the insurance, pay such a percentage in cash, and such other charges, as are required by the rules or by-laws of the association.

Section § 9093

Explanation

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.

Policies of the association may be canceled by either party thereto. In such case settlement or adjustment shall be made in accordance with the terms of the by-laws of the association.

Section § 9094

Explanation

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.

The secretary of each such association shall prepare an annual statement showing the financial condition of the association, including a statement of all assets and liabilities, as of the thirty-first day of December then next preceding. Such statement shall be verified under oath by the president and secretary of the association. A copy of the verified statement shall be transmitted to the commissioner on or before the first day of March of each year.

Section § 9095

Explanation

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.'

(a)Copy CA Insurance Code § 9095(a)
(1)Copy CA Insurance Code § 9095(a)(1) An association may, if it has issued an insurance policy against fire, endorse that policy to extend the coverage thereof to include loss or damage caused by windstorm, cyclone, tornado and hail, explosion, riot, riot attending a strike, aircraft, vehicles and smoke, and to include waiver of the fallen building clause.
(2)CA Insurance Code § 9095(a)(2) An association may also insure against any or all of the following:
(A)CA Insurance Code § 9095(a)(2)(A) Water damage from plumbing and heating systems.
(B)CA Insurance Code § 9095(a)(2)(B) Rupture or bursting of steam or hot water heating system.
(C)CA Insurance Code § 9095(a)(2)(C) Vandalism or malicious mischief.
(D)CA Insurance Code § 9095(a)(2)(D) Glass breakage.
(E)CA Insurance Code § 9095(a)(2)(E) Ice, snow, and freezing.
(F)CA Insurance Code § 9095(a)(2)(F) Fall of trees.
(G)CA Insurance Code § 9095(a)(2)(G) Collapse.
(H)CA Insurance Code § 9095(a)(2)(H) Burglary and theft.
(I)CA Insurance Code § 9095(a)(2)(I) Mysterious disappearance.
(J)CA Insurance Code § 9095(a)(2)(J) Liability.
(b)CA Insurance Code § 9095(b) As used in this section “explosion” does not include explosions (1) of any boiler, heater, or other fired pressure vessel, caused by pressure of contents, (2) of any unfired pressure vessel or of any piping caused by pressure of contents or vacuum, (3) of any engine, turbine, compressor, pump, or wheel, (4) of any electrical apparatus, or (5) of any other machine having moving or rotating parts. This restricted definition of “explosion” does not exclude loss or damage by fire only where fire ensues.
(c)CA Insurance Code § 9095(c) As used in this section, the terms “boiler,” “heater,” and “pressure vessel,” do not include hot water heaters used solely to provide hot water for delivery to faucets for domestic purposes and having a storage capacity of not more than 50 gallons.

Section § 9096

Explanation

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.

An association certificated under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school tax, other than taxes on real estate and office equipment.

Section § 9097

Explanation

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.

An association or organization certified under this chapter may reinsure all of its policies with, and, upon the assumption of all of its liabilities, may transfer its assets to, any mutual insurer admitted to transact the classes of insurance embraced within the policies issued by such organization or association, upon compliance with Sections 9098 through 9103, inclusive.

Section § 9098

Explanation

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.

The plan and agreement by which any transaction permitted by Section 9097 is to be effected shall be approved by the board of directors or other governing body of that organization or association and submitted to the commissioner accompanied by an application for approval thereof and a fee of four hundred ninety-four dollars ($494).

Section § 9099

Explanation

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.

The commissioner shall examine such plan and agreement and may require such provisions to be inserted in the agreement and such actions to be taken in connection with the transaction (including but not limited to: (1) the terms of the reinsurance, transfer and assumption, (2) the terms of the notice of the vote thereon by the members of such organization or association, and (3) the manner and form of voting thereon by such members) as he may deem necessary in order that the transaction shall be fair and equitable to the members of such organization or association.

Section § 9100

Explanation

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.

When any such plan and agreement shall have been approved by the commissioner with such changes, if any, required by him, the same shall be approved by a vote of not less than two-thirds of those members of such organization or association voting in person or by proxy at a meeting of the members.

Section § 9101

Explanation

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.

The meeting of members at which the transaction is voted upon shall be preceded by a written or printed notice of the meeting and of the purpose to vote thereat upon the plan or agreement for reinsurance, transfer and assumption, addressed to each member of record on the date of the notice and mailed at least 30 days before the date fixed for the meeting. The presence in person or by proxy of 5 percent of the members of such organization or association entitled to vote shall constitute a quorum unless a higher percentage is required by the articles of incorporation, association, bylaws, rules or regulations or other organization or governing documents. In the absence of a quorum, the members present at the meeting in person or by proxy may adjourn the meeting to a later date and no further notice need be given of the date to which the meeting is adjourned.

Section § 9102

Explanation

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.

If the members vote to approve the plan of reinsurance, transfer and assumption, a certified copy of all proceedings relating thereto shall be filed with the commissioner. If the commissioner finds that the proceedings have been in accordance with the law and his requirements, he shall issue his certificate approving the plan and the agreement and the transaction shall become effective at that time or upon such later date as may be specified in the agreement.

Section § 9103

Explanation

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.

The board of directors or other governing body of such organization or association shall file with the Secretary of State a duplicate original of the commissioner’s certificate approving the plan and agreement and thereupon such organization or association shall cease to exist except for the purpose of completing the winding up of its affairs.