Section § 12760

Explanation

This law states that home protection companies in California cannot pay commissions to anyone as an incentive for selling or buying a home protection contract. They also can't make buying such a contract a requirement for getting another type of insurance as part of a real estate deal. However, companies can still pay marketing fees or override commissions to employees or sales agents involved in selling home protection contracts, as long as those individuals are not real estate agents or affiliated with real estate firms that get a share of the commission from the sale of the property.

No home protection company shall pay a commission to any person as an inducement or compensation for the issuance, purchase or acquisition of a home protection contract, nor shall a home protection company or any other insurer either directly or indirectly, as a part of any real property transaction in which a home protection contract will be issued, purchased or acquired, require that a home protection contract be issued, purchased or acquired in conjunction with or as a condition precedent to the issuance, purchase or acquisition, by any person, of any other policy of insurance. The provisions of this section shall not prohibit payment of an override commission or marketing fee to an employee or commission sales agent who is the marketing representative of the home protection company or its parent, subsidiary, or affiliate on the sale or marketing of a home protection contract, provided such person is not a real estate licensee sharing in or entitled to share in, or affiliated with a real estate brokerage firm which is entitled to share in the real estate commission generated by the underlying real property transaction.

Section § 12761

Explanation

This law states that it is a violation to give away a home protection contract for free. Such a contract cannot provide coverage before the home's ownership is transferred unless it includes a genuine promise to pay the contract's fee when the home is sold. Additionally, home protection companies can conduct an onsite inspection before issuing a contract. They can also provide a report after the inspection, even if a contract isn't eventually issued for that property.

(a)CA Insurance Code § 12761(a) The furnishing of a home protection contract without charge to any person shall constitute a violation of this part. No home protection contract providing coverage prior to the time an interest in the home to which it attaches is sold shall be issued or delivered unless it provides for consideration. Such consideration may consist of a bona fide promise to pay the protection contract fee at the time of and only upon transfer of title.
(b)CA Insurance Code § 12761(b) A home protection company may require an onsite inspection as a prequalification for the issuance of a home protection contract, and in such event offer a report on the inspection in connection with a bona fide application for the issuance of such contract even though the issuance of a contract on the property which is the subject of the inspection does not occur.

Section § 12761.1

Explanation

This law section explains that a home protection company, which was a franchisor by the end of 1988, can offer coverage during a 'listing period.' This 'listing period' is the time before a house is sold, where the property is up for sale with an exclusive selling agreement. The law also states that home protection contracts issued for this listing period don't need to follow certain regulations about prorated fees and reserve requirements found in other sections.

(a)CA Insurance Code § 12761.1(a) A home protection company which was licensed as such on December 31, 1988, and as of that date was a franchisor of entities authorized by Section 771.1 to solicit, negotiate, or effect home protection contracts, or a parent, subsidiary, or affiliate of such a franchisor, and continues to be such a franchisor or parent, subsidiary, or affiliate of such a franchisor, may provide coverage for a listing period.
(b)CA Insurance Code § 12761.1(b) For the purposes of this section, a “listing period” means a period prior to the time an interest in the home to which the home protection coverage attaches is sold, during which there is in effect an exclusive right to sell listing as that term is defined in Section 1086 of the Civil Code, between the seller of that home and a franchisee of that franchisor.
(c)CA Insurance Code § 12761.1(c) Home protection contracts providing listing period coverage issued pursuant to this section shall be exempt from the provisions of both of the following:
(1)CA Insurance Code § 12761.1(c)(1) Subdivision (c) of Section 12740, which requires a separately stated pro rata portion of the annual fee for the period of coverage which exceeds one year.
(2)CA Insurance Code § 12761.1(c)(2) Subdivision (a) of Section 12753, which requires reserves for unearned premiums applicable to the listing period coverage provided under those home protection contracts.

Section § 12762

Explanation

This section requires home protection contracts to clearly outline what appliances, systems, and components are covered, as well as any exclusions or limits on the coverage. It must state the contract duration, cost, and terms for renewal. Contracts should also detail what services will be provided, any fees for those services, and any limitations, like time or location restrictions for service requests. Customers should be able to request service by phone without filling out claim forms, and the company must start service within 48 hours. The commissioner can make regulations to clarify these requirements but can't dictate what must be included in the coverage unless it's necessary to prevent unfair exclusions or illusory coverage.

(a)CA Insurance Code § 12762(a) A home protection contract shall specify, in clear and conspicuous terms, the following information:
(1)CA Insurance Code § 12762(a)(1) Each of the appliances, systems and components covered by the contract.
(2)CA Insurance Code § 12762(a)(2) All exclusions and limitations respecting the extent of coverage.
(3)CA Insurance Code § 12762(a)(3) The period during which the contract will remain in effect, the protection contract fee and the renewal terms, if any.
(4)CA Insurance Code § 12762(a)(4) With respect to the performance of services by the home protection company, all of the following:
(A)CA Insurance Code § 12762(a)(4)(A) The services to be performed by the company and the terms and conditions of such performance.
(B)CA Insurance Code § 12762(a)(4)(B) The service fee or fees, if any, to be charged for such services.
(C)CA Insurance Code § 12762(a)(4)(C) All limitations respecting the performance of services, including any restrictions as to the time period when or geographical area within which services may be requested or will be performed.
(D)CA Insurance Code § 12762(a)(4)(D) A statement that services will be performed upon telephonic request therefor to the company, without any requirement that claim forms or applications be filed prior to the rendition of service.
(E)CA Insurance Code § 12762(a)(4)(E) A representation that services will be initiated by or under the direction of the company within 48 hours after request is made for such services by any person entitled to make such request under the contract, or the agent of such person.
(b)CA Insurance Code § 12762(b) The commissioner may adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable regulations as may be necessary to make more specific the provisions of this section. Those regulations may also establish such other contract form standards and requirements as the commissioner may deem necessary and appropriate in the public interest. However, this section does not authorize the commissioner to specify those appliances, systems, or components which must be covered by a home protection contract except to the extent necessary to guarantee the equity of the exclusions from coverage offered or provided under a contract, or to the extent necessary to avoid illusory coverage due to the nature or extent of exclusions from the contract.

Section § 12763

Explanation

This law states that before any home protection contract can be issued or given out, a copy of the contract form must be filed with the insurance commissioner. The commissioner is allowed to charge a fee for this filing, and the fee amount is set through specific regulatory procedures.

No home protection contract shall be issued or delivered until a copy of the form thereof is filed with the commissioner. The commissioner may charge a fee for the filing, which fee shall be established by regulation adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 12764

Explanation

This California statute specifies that a home protection contract can't be canceled during its initial term except for specific reasons. These reasons include not paying the contract fees, being dishonest or lying about important details when getting the contract, or if the home doesn't sell when coverage was intended to start before the sale. Once your initial home protection contract ends, this law doesn't guarantee you'll be able to renew it.

(a)CA Insurance Code § 12764(a) Any home protection contract shall be noncancellable during the initial term for which it was issued, except for:
(1)CA Insurance Code § 12764(a)(1) Nonpayment of protection contract fees;
(2)CA Insurance Code § 12764(a)(2) Fraud or misrepresentation of facts material to the issuance of such contract; or
(3)CA Insurance Code § 12764(a)(3) Contracts providing coverage prior to the time that an interest in the residential property to which it attaches is sold, upon the contingency that such sale does not occur.
(b)CA Insurance Code § 12764(b) Nothing in this section establishes a right of the contract holder to renewal of any contract.