Section § 12750

Explanation

This California law section mandates that a home protection company must have at least $40,000 in net worth if they issued or renewed 1,000 or fewer contracts last year. If they have more contracts, they need an extra $20,000 in net worth for every additional 500 contracts, which continues up to 10,000 contracts. Net worth here means the company's admitted assets minus its liabilities and necessary reserves, with at least $20,000 of that net worth coming from paid-in capital.

(a)CA Insurance Code § 12750(a) A home protection company which has issued or renewed an aggregate number of 1,000 or less contracts in the preceding calendar year shall maintain a minimum net worth of forty thousand dollars ($40,000) and for each additional 500 contracts, or fraction thereof, up to 10,000 contracts, an additional twenty thousand dollars ($20,000).
(b)CA Insurance Code § 12750(b) Net worth is defined as the excess of admitted assets over all liabilities and required reserves. At least twenty thousand dollars ($20,000) of net worth shall consist of paid-in capital.

Section § 12751

Explanation

This law states that home protection companies that had issued contracts before January 1, 1979, which were exempt from certain regulations, must treat part of the fees they received as if they are insurance premiums. These fees need to be held in a financial reserve as required by another specific section, like premiums. However, these fees shouldn't be considered as premiums for taxation purposes under a different section of the tax code.

Any home protection company which has issued and in force, prior to January 1, 1979, any contracts for home protection exempt from the provisions of this part pursuant to Section 12741, shall carry a portion of the fee received for such contracts in the reserve contemplated by Section 985, as though such fees were premiums subject to the provisions of that section, and such sums shall be deemed equivalent to premiums for purposes of that section but shall not be considered premiums for the purposes of Section 12202 of the Revenue and Taxation Code.

Section § 12752

Explanation

This law section requires home protection companies to file an annual statement about their financial condition. The detailed requirements for these filings can be adjusted by the commissioner to suit the home protection business. Additionally, the commissioner has the authority to examine the business and finances of home protection companies as necessary, but no more than once every five years unless significant financial issues arise. The commissioner can also extend the examination period by up to two years based on factors like the company's reserves and net worth.

(a)CA Insurance Code § 12752(a) A home protection company shall file an annual statement exhibiting its conditions and affairs in accordance with Sections 900, 900.5, 900.8, 900.9, 902, 903, 903.5, 904, 922.1 to 922.8, inclusive, 923, 923.5, and 924. However, the required contents of the annual statement may vary from the requirements thereof, pursuant to regulations adopted by the commissioner in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, so as to adapt the requirements to the home protection business. This subdivision shall not be construed to limit the authority of the commissioner to request financial statements from licensees at any time.
(b)CA Insurance Code § 12752(b) The commissioner shall, before licensure and at other times as appears necessary, examine the business and affairs of a home protection company subject to this part. A home protection company so examined shall open its books and records for inspection by the commissioner and shall otherwise facilitate and cooperate in the examination. In making the examination, the commissioner shall have the rights specified in Section 733, and the examinee shall be subject to the obligations of Section 736. The commissioner shall not conduct more than one financial examination of a company in a five-year period, unless the commissioner finds that the financial condition of the company has deteriorated, thereby warranting an interim examination.
(c)CA Insurance Code § 12752(c) The commissioner may extend the period between examinations up to two additional years if the commissioner determines that conditions warrant the extension. In making that determination, the commissioner may consider all of the following factors:
(1)CA Insurance Code § 12752(c)(1) The company’s reserves.
(2)CA Insurance Code § 12752(c)(2) The company’s net worth.
(3)CA Insurance Code § 12752(c)(3) Any other factors the commissioner considers relevant.

Section § 12753

Explanation

This law requires home protection companies to set aside a reserve fund for unearned premiums—money from premiums that corresponds to coverage periods that haven't occurred yet. Specifically, they must hold at least 40% of the total premiums from contracts currently in force. For contracts lasting over 12 months, 100% of the fee for coverage beyond 12 months must be reserved upfront, but adjusted to 40% for each subsequent year. If a home protection contract covers the selling or listing period of a property, the premium for that period is fully earned once escrow closes and payment is received.

Additionally, the reserve doesn’t need to include fees if there is reinsurance to cover any outstanding risk. The format for reporting these reserves can be determined by regulations established by the commissioner.

(a)CA Insurance Code § 12753(a) A home protection company shall maintain a reserve for unearned premiums in an amount not less than 40 percent of the aggregate premiums charged on its contracts currently in force.
Amounts to be reserved shall be on a 12-month basis. Where the contract is for a period of more than 12 months, the reserve for unearned premiums for the period beyond 12 months shall be 100 percent of the pro rata portion of the contract fee attributable to the period of coverage in excess of 12 months. The unearned premium reserve for contracts exceeding 12 months shall be reduced to not less than 40 percent of the pro rata portion of the contract fee applicable to the next succeeding 12-month period, as of the first day of the succeeding 12-month period, and each succeeding 12-month period thereafter during which the contract is in effect.
Where the home protection contract provides coverage during the selling or listing period of the real property to which the contract applies, the home protection contract fee applicable to this period of coverage shall be deemed fully earned upon the close of escrow, and receipt of payment of the applicable contract fee.
(b)CA Insurance Code § 12753(b) For purposes of this section, such reserve shall not include protection contract fees on home protection contracts to the extent provision is made for reinsurance of the outstanding risk on such contracts.
(c)CA Insurance Code § 12753(c) The commissioner may, by regulation, prescribe the format by which the reserve shall be reported.

Section § 12755

Explanation

If a home protection company's net worth falls to less than half of what is required by another law (Section 12750), it's considered financially insolvent.

A home protection company shall be deemed insolvent whenever its net worth is reduced below 50 percent of the amount required by Section 12750.

Section § 12756

Explanation

This law states that a home protection company can generally only invest in certain assets as described in specific legal sections. However, part of its assets, as determined by regulations from the commissioner, can be invested in physical items like fixtures or appliances. These items are meant for repair or replacement under their home protection agreements.

A home protection company shall invest only in those assets defined in Article 3 (commencing with Section 1170) and Article 4 (commencing with Section 1190) of Chapter 2 of Part 2 of Division 1, except that an amount to be determined by the commissioner by regulation of its admitted assets may be invested in tangible personal property held by it for the purpose of repair or replacement of home components, systems or appliances under its home protection contracts.

Section § 12757

Explanation

This law states that specific rules from another part of the insurance code don't apply to home protection companies. In other words, home protection companies are exempt from the regulations set forth in Article 14.2 starting with Section 1063.

The provisions of Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1, shall not be applicable to home protection companies.