Section § 1

Explanation

This section simply states that the official name of the act is the Insurance Code. It's basically like giving the act a title.

This act shall be known as the Insurance Code.

Section § 2

Explanation

If this insurance code section is very similar to any existing laws about the same topic, it should be seen as a continuation of those laws, not something completely new.

The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments.

Section § 3

Explanation
If you're holding a job under a law that's being replaced by this new code, and your job still exists under the new code, you get to keep your job just like before.
All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof.

Section § 4

Explanation

This section means that if a legal action was started or a right was established before the education code came into effect, those won't be changed by the new code. However, future steps in those cases should follow the new rules as much as they can.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 5

Explanation

This section explains that the general rules mentioned next will be used to interpret the meaning of this insurance code unless a specific situation needs something different.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

Section § 6

Explanation

This section clarifies that the titles or headings used in this part of the insurance law do not influence or change the meaning or intent of the law's actual terms and provisions. They are just labels and shouldn't be used to interpret the law itself.

Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof.

Section § 7

Explanation

This section says that if a law gives a power or duty to a public officer, that officer can have someone else—like a deputy or another authorized person—carry out the action, unless the law specifically says otherwise.

Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided.

Section § 8

Explanation

This law says that any communication, like a notice or report, that must be given according to this code should be in writing, and understandable by visually reading it. Also, it should be in English unless there's a specific allowance for another language.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is otherwise expressly provided.

Section § 9

Explanation

This rule means that if a law mentions a part of the insurance code or any other state law, it automatically includes any changes or new parts that get added to those laws in the future.

Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.

Section § 10

Explanation

This section clarifies terminology used in the code. When it says “Section”, it refers to a section of the current code unless another law is mentioned. Similarly, “subdivision” or “subsection” refers to the specific part of the section where the term is used, unless it specifies another section.

“Section” means a section of this code unless some other statute is specifically mentioned and “subdivision” or “subsection” means a subdivision or subsection of the section in which that term occurs unless some other section is expressly mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This section means that words in the law that seem to refer to males (like "he" or "him") should be understood to also refer to females and non-gender-specific persons or things.

The masculine gender includes the feminine and neuter.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This law means that when you see a singular word in a legal document, it can also mean more than one, and when you see a plural word, it can also mean just one. It's about making sure legal language covers singular and plural forms.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'

“County” includes “city and county.”

Section § 15

Explanation

This law clarifies that whenever the term “city” is used, it also includes places that are considered both “city and county” together.

“City” includes “city and county.”

Section § 16

Explanation

In this section of California's Insurance Code, when you see the word 'shall,' it means something is required. If you see 'may,' it means something is optional or allowed, unless the context clearly shows a different meaning.

As used in this code the word “shall” is mandatory and the word “may” is permissive, unless otherwise apparent from the context.

Section § 17

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 18

Explanation

This law explains that if someone cannot write, they can use a mark as their signature. A witness must write the person's name near the mark and also sign their own name next to it. For any legal acknowledgment or a sworn document, two witnesses are required to sign their own names near the mark.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 19

Explanation

This section of California insurance law defines the term "person" to include not just individuals, but also associations, organizations, partnerships, business trusts, limited liability companies, and corporations.

“Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.

Section § 20

Explanation

This section defines the term “Commissioner” as the Insurance Commissioner of the state.

“Commissioner” means the Insurance Commissioner of this State.

Section § 20.5

Explanation
This section updates the terminology used in legal texts referring to the 'State Industrial Accident Commission' or 'Industrial Accident Commission.' Whenever you see these terms, they now mean the 'Division of Industrial Accidents,' which could include the division's administrative director or the appeals board, depending on the context.
Whenever in this code the terms “State Industrial Accident Commission” or “Industrial Accident Commission” or “commission,” relating to the said “State Industrial Accident Commission” or the said “Industrial Accident Commission,” appear, said terms shall mean “Division of Industrial Accidents,” including “administrative director” of said division or “appeals board,” or both, as the context may require.

Section § 21

Explanation

This law clarifies that when the terms "Division" or "department" are used in relation to the state government, they are specifically referring to the Department of Insurance.

“Division,” and “department,” in reference to the government of this state, mean the Department of Insurance of this state.

Section § 21.5

Explanation

This section defines what an 'administrative law bureau' is in the Department of Insurance, emphasizing its role in providing administrative hearings. It specifies that an administrative law judge working in this bureau must be hired according to civil service rules. Importantly, these judges should not be directly supervised by the insurance commissioner or anyone from the department's legal branch to ensure impartiality and independence.

(a)CA Insurance Code § 21.5(a) “Administrative law bureau” or “administrative hearing bureau” means the unit within the Department of Insurance that provides administrative hearings.
(b)CA Insurance Code § 21.5(b) An administrative law judge appointed by the commissioner pursuant to civil service rules shall be employed within the administrative law bureau and shall not be supervised directly by the commissioner or supervised directly or indirectly by an employee in the legal branch of the department.

Section § 22

Explanation

This section defines insurance as a contract where one party agrees to protect another from loss, damage, or liability due to uncertain events. Basically, it's a promise of financial protection against the unexpected.

Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability arising from a contingent or unknown event.

Section § 23

Explanation

This law defines the roles in an insurance contract. The 'insurer' is the party that provides the insurance, while the 'insured' is the person who receives protection from the insurance.

The person who undertakes to indemnify another by insurance is the insurer, and the person indemnified is the insured.

Section § 24

Explanation

This law defines what it means for a person or entity to be 'admitted' to do insurance business in California. It requires compliance with state conditions for transacting such business. The State Compensation Insurance Fund is considered admitted because the Legislature specifically allows it to offer workers’ compensation insurance. Moreover, the insurance commissioner does not have the power to revoke or suspend this authority.

“Admitted,” in relation to a person, means entitled to transact insurance business in this state, having complied with the laws imposing conditions precedent to transaction of such business. The State Compensation Insurance Fund shall be deemed to be admitted pursuant to authority to transact workers’ compensation insurance granted by the Legislature. The commissioner shall not revoke or suspend the State Compensation Insurance Fund’s authority to transact workers’ compensation insurance.

Section § 25

Explanation

If someone is labeled as "nonadmitted" in California's insurance context, it means they are not allowed to conduct insurance business in the state. This could be because they haven't met certain requirements or simply can't meet them.

“Nonadmitted,” in relation to a person, means not entitled to transact insurance business in this State, whether by reason of failure to comply with conditions precedent thereto, or by reason of inability so to comply.

Section § 26

Explanation

In this context, "domestic" refers to something that is established or created according to the laws of the state of California, regardless of whether it is officially accepted or recognized.

“Domestic” means organized under the laws of this State, whether or not admitted.

Section § 27

Explanation

In this context, "foreign" refers to any entity, like a company or organization, that is not set up according to the laws of California, regardless of whether it is allowed to do business there.

“Foreign” means not organized under the laws of this State, whether or not admitted.

Section § 28

Explanation

This law defines what 'State' refers to. Normally, it means the State of California. However, when talking about different parts of the United States, 'State' also includes the District of Columbia, as well as the commonwealths and territories.

“State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia, the commonwealths and the territories.

Section § 29

Explanation

In this context, when the law talks about a 'mortgage,' it also means a trust deed, which is a type of agreement used in real estate. When you see 'mortgagor,' it means the person who made the trust deed, called the trustor. When you see 'mortgagee,' it includes the person who benefits from the trust deed, called the beneficiary, as well as the trustee who has certain responsibilities under the trust deed. Lastly, when the law mentions a 'lien,' it refers to a claim or burden that arises from a trust deed on real or personal property.

“Mortgage” includes a trust deed, “mortgagor” includes a trustor under such trust deed, “mortgagee” includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and “lien” in respect to real or personal property includes a charge or incumbrance arising out of a trust deed.

Section § 30

Explanation

This law defines a 'resident' as someone living in the state, while a 'nonresident' is someone not living in the state.

“Resident” means residing in this State, “nonresident” means not residing in this State.

Section § 31

Explanation

An insurance agent is someone who is allowed to handle different types of insurance, except for life, disability, or health insurance, for an insurance company that is officially recognized.

“Insurance agent” means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company.

Section § 32

Explanation

This law explains that a life and accident and health or sickness licensee is someone authorized to act as a life agent for life insurers and disability insurers. These agents can handle life insurance, accident and health insurance, or both. The specifics of their licenses are outlined in Section 1626. Additionally, life agents can be authorized to manage 24-hour care coverage, but must meet certain requirements described in other sections.

(a)CA Insurance Code § 32(a) A life and accident and health or sickness licensee is a person authorized to act as a life agent on behalf of a life insurer or a disability insurer to transact any of the following:
(1)CA Insurance Code § 32(a)(1) Life insurance.
(2)CA Insurance Code § 32(a)(2) Accident and health or sickness insurance.
(3)CA Insurance Code § 32(a)(3) Life and accident and health or sickness insurance.
(b)CA Insurance Code § 32(b) Licenses to act as a life agent under this chapter shall be of the types as set forth in Section 1626.
(c)CA Insurance Code § 32(c)  A life agent may be authorized to transact 24-hour care coverage, as defined in Section 1749.02, pursuant to the requirements of subdivision (d) of Section 1749 or subdivision (b) of Section 1749.33.

Section § 32.5

Explanation

A 'life and disability insurance analyst' is someone who, for a fee paid by someone other than an insurance company, gives advice or claims to give advice about life or disability insurance policies. They help people understand their policies, rights, or related interests.

“Life and disability insurance analyst” means a person who, for a fee or compensation of any kind, paid by or derived from any person or source other than an insurer, advises, purports to advise, or offers to advise any person insured under, named as beneficiary of, or having any interest in, a life or disability insurance contract, in any manner concerning that contract or his or her rights in respect thereto.

Section § 33

Explanation

An insurance broker is someone who gets paid to help people buy or manage insurance policies, except for life, disability, or health insurance. They work with insurance companies but do not represent them.

“Insurance broker” means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer.

Section § 33.5

Explanation

This law defines two types of insurance agents. A 'casualty broker-agent' and a 'property broker-agent' are both individuals who have been licensed according to specific licensing regulations in Section 1625.

(a)CA Insurance Code § 33.5(a) “Casualty broker-agent” means a person licensed pursuant to Section 1625.
(b)CA Insurance Code § 33.5(b) “Property broker-agent” means a person licensed pursuant to Section 1625.

Section § 34

Explanation

An insurance solicitor is a person who is hired to help a property and casualty broker-agent. This person works on insurance issues that do not include life, disability, or health insurance.

“Insurance solicitor” means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance other than life, disability, or health.

Section § 35

Explanation

This law defines what it means to "transact" insurance in California. It includes four main activities: asking people if they want insurance (solicitation), discussing and working out the details before signing an insurance contract (negotiations), the actual signing or creating of the insurance contract (execution), and handling any insurance-related tasks that come up after the contract is signed (transaction of matters).

“Transact” as applied to insurance includes any of the following:
(a)CA Insurance Code § 35(a) Solicitation.
(b)CA Insurance Code § 35(b) Negotiations preliminary to execution.
(c)CA Insurance Code § 35(c) Execution of a contract of insurance.
(d)CA Insurance Code § 35(d) Transaction of matters subsequent to execution of the contract and arising out of it.

Section § 36

Explanation

This section explains what 'paid-in capital' means in different contexts for insurance companies. For a foreign mutual insurer (one that operates without capital stock), it's the value of its assets minus liabilities, provided they have at least $200,000 in cash. Foreign joint stock and mutual insurers can choose to calculate their paid-in capital like a mutual insurer or based on their shares' value. For other insurers, it's the lesser of their extra asset value over liabilities or the total value of their issued stock shares. Note that stock shares aren't treated as liabilities when calculating paid-in capital.

“Paid-in capital” or “capital paid-in” means:
(a)CA Insurance Code § 36(a) In the case of a foreign mutual insurer not issuing or having outstanding capital stock, the value of its assets in excess of the sum of its liabilities for losses reported, expenses, taxes, and all other indebtedness and reinsurance of outstanding risks as provided by law. Such foreign mutual insurer shall not be admitted, however, unless its paid-in capital is composed of available cash assets amounting to at least $200,000.00.
(b)CA Insurance Code § 36(b) In the case of a foreign joint stock and mutual insurer, its paid-in capital computed, according to its desire, pursuant to the provisions of subdivision (a) or subdivision (c) of this section. If computed pursuant to the provisions of subdivision (a), its admission is subject to the qualification therein expressed.
(c)CA Insurance Code § 36(c) In the case of all other insurers, the lower of the following amounts:
(1)CA Insurance Code § 36(c)(1) The value of its assets in excess of the sum of its liabilities for losses reported, expenses, taxes, and all other indebtedness and reinsurance of outstanding risks as provided by law.
(2)CA Insurance Code § 36(c)(2) The aggregate par value of its issued shares of stock, including treasury shares.
For the purpose of computing paid-in capital or capital paid-in, shares of stock are not taken as liabilities.

Section § 37

Explanation

This law says that if there's a rule about a specific kind of insurance or insurance company, that specific rule is more important than any general rule about insurance or companies.

Provisions of this code relating to a particular class of insurance or a particular type of insurer prevail over provisions relating to insurance in general or insurers in general.

Section § 38

Explanation

This law states that if any kind of formal notice needs to be sent to someone as per the rules of this code, it can be done by simply mailing it to their home or main business address in California. The person mailing it just needs to write an affidavit, which is basically a statement confirming that they mailed the notice, and this serves as initial proof that the notice was sent.

Unless expressly otherwise provided, any notice required to be given to any person by any provision of this code may be given by mailing notice, postage prepaid, addressed to the person to be notified, at his residence or principal place of business in this State. The affidavit of the person who mails the notice, stating the facts of such mailing, is prima facie evidence that the notice was thus mailed.

Section § 38.6

Explanation

This law explains how insurance licensees (like agents and brokers) in California can send certain records to clients electronically. For them to do this, clients must agree to receive records this way, and the licensee must keep a record of this consent. The law includes specific steps to opt-in, how to maintain records, and what to do if electronic delivery fails. Clients can choose to receive paper records at no extra cost, and licensees cannot incentivize electronic-only communication.

There are also rules on how records should be delivered to confirm receipt and deadlines for doing so. Additionally, the law outlines the consequences if a licensee fails to follow the regulations, including fines and license penalties. The law mandates an annual report on compliance and specifies legal procedures for any violations, detailing the commissioner's authority to hold hearings and enforce penalties.

(a)Copy CA Insurance Code § 38.6(a)
(1)Copy CA Insurance Code § 38.6(a)(1) A written record required to be given or mailed to a person by a licensee, including an offer of renewal required by Sections 663 and 678, the notice of policy change or cancellation requested by the insured as required by Section 667.5, the notice of conditional renewal required by Section 678.1, the offer of coverage or renewal or a disclosure required by Section 10086, the offer of renewal for a workers’ compensation policy, Section 662, paragraph (2) of subdivision (a) of Section 663, Section 664, 667.5, 673, 677, paragraph (2) of subdivision (a) of Section 678, subdivisions (a), (b), and (c) of Section 678.1, or a written record required to be given or mailed to a person by a licensee relating to the business of life insurance, as defined in Section 101 of this code may, if not excluded by subdivision (b) or (c) of Section 1633.3 of the Civil Code, be provided by electronic transmission pursuant to Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, if each party has agreed to conduct the transaction by electronic means pursuant to Section 1633.5 of the Civil Code, and if the licensee complies with this section. A valid electronic signature is sufficient for any law requiring a written signature.
(2)CA Insurance Code § 38.6(a)(2) For purposes of this section, the definitions set forth in Section 1633.2 of the Civil Code apply. The term “licensee” means an insurer, agent, broker, or any other person who is required to be licensed by the department.
(3)CA Insurance Code § 38.6(a)(3) Notwithstanding subdivision (l) of Section 1633.2 of the Civil Code, for purposes of this section, “person” includes, but is not limited to, the policy owner, policyholder, applicant, insured, or assignee or designee of an insured.
(b)CA Insurance Code § 38.6(b) In order to transmit a record listed in subdivision (a) electronically, a licensee shall comply with all of the following:
(1)CA Insurance Code § 38.6(b)(1) A licensee, or licensee’s representative, acquires the consent of the person to opt in to receive the record by electronic transmission, and the person has not withdrawn that consent, prior to providing the record by electronic transmission. A person’s consent may be acquired verbally, in writing, or electronically. If consent is acquired verbally, the licensee shall confirm consent in writing or electronically. The licensee shall retain a record of the person’s consent to receive the record by electronic transmission with the policy information so that it is retrievable upon request by the department while the policy is in force and for five years thereafter.
(2)CA Insurance Code § 38.6(b)(2) A licensee discloses, in writing or electronically, to the person all of the following:
(A)CA Insurance Code § 38.6(b)(2)(A) The opt in to receive the record by electronic transmission is voluntary.
(B)CA Insurance Code § 38.6(b)(2)(B) That the person may opt out of receiving the record by electronic transmission at any time, and the process or system for the person to opt out.
(C)CA Insurance Code § 38.6(b)(2)(C) A description of the record that the person will receive by electronic transmission.
(D)CA Insurance Code § 38.6(b)(2)(D) The process or system to report a change or correction in the person’s email address.
(E)CA Insurance Code § 38.6(b)(2)(E) The licensee’s contact information, that includes, but is not limited to, a toll-free number or the licensee’s internet website address.
(3)CA Insurance Code § 38.6(b)(3) The opt-in consent disclosure required by paragraph (2) may be set forth in the application or in a separate document that is part of the policy approved by the commissioner and shall be bolded or otherwise set forth in a conspicuous manner. The person’s signature shall be set forth immediately below the opt-in consent disclosure. If the licensee seeks consent at any time prior to the completion of the application, consent and signature shall be obtained before the application is completed. If the person has not opted in at the time the application is completed, the licensee may receive the opt-in consent at any time thereafter, pursuant to the same opt-in requirements that apply at the time of the application. The licensee shall retain a copy of the signed opt-in consent disclosure with the policy information so that each is retrievable upon request by the department while the policy is in force and for five years thereafter.
(4)CA Insurance Code § 38.6(b)(4) The email address of the person who has consented to electronic transmission shall be set forth on the consent disclosure. In addition, if the person who consented receives an annual statement, the email address of the person who has consented shall be set forth on that record.
(5)CA Insurance Code § 38.6(b)(5) The licensee shall annually provide one free printed copy of any record described in this subdivision upon request by the person.
(6)CA Insurance Code § 38.6(b)(6) If a provision of this code requires a licensee to transmit a record by first-class mail, regular mail, does not specify a method of delivery, or is a record that is required to be provided pursuant to Article 6.6 (commencing with Section 791), and if the licensee is not otherwise prohibited from transmitting the record electronically under subdivision (b) of Section 1633.8 of the Civil Code, then the record may be transmitted by electronic transmission if the licensee complies with all of the requirements of Sections 1633.15 and 1633.16 of the Civil Code.
(7)CA Insurance Code § 38.6(b)(7) Notwithstanding subdivision (b) of Section 1633.8 of the Civil Code, if a provision of this code requires a licensee to transmit a record by return receipt, registered mail, certified mail, signed written receipt of delivery, or other method of delivery evidencing actual receipt by the person, and if the licensee is not otherwise prohibited from transmitting the record electronically under Section 1633.3 of the Civil Code and this section, then the licensee shall maintain a process or system that demonstrates proof of delivery and actual receipt of the record by the person consistent with this paragraph. The licensee shall document and retain information demonstrating delivery and actual receipt so that it is retrievable, upon request, by the department at least five years after the policy is no longer in force. The record provided by electronic transmission shall be treated as if actually received if the licensee delivers the record to the person in compliance with applicable statutory delivery deadlines. A licensee may demonstrate actual delivery and receipt by any of the following:
(A)CA Insurance Code § 38.6(b)(7)(A) The person acknowledges receipt of the electronic transmission of the record by executing an electronic signature.
(B)CA Insurance Code § 38.6(b)(7)(B) The record is posted on the licensee’s secure internet website, and there is evidence demonstrating that the person logged onto the licensee’s secure internet website and downloaded, printed, or otherwise acknowledged receipt of the record.
(C)CA Insurance Code § 38.6(b)(7)(C) The record is transmitted to the named insured through an application on a personal electronic device that is secured by password, biometric identifier, or other technology, and there is evidence demonstrating that the person logged into the application and viewed or otherwise acknowledged receipt of the record.
(D)CA Insurance Code § 38.6(b)(7)(D) If a licensee is unable to demonstrate actual delivery and receipt pursuant to this paragraph, the licensee shall resend the record by regular mail to the person in the manner originally specified by the underlying provision of this code.
(8)CA Insurance Code § 38.6(b)(8) Notwithstanding any other law, a notice of lapse, nonrenewal, cancellation, or termination of any product subject to this section may be transmitted electronically if the licensee demonstrates proof of delivery as set forth in paragraph (7) and complies with the other provisions in this section.
(9)CA Insurance Code § 38.6(b)(9) If the record is not delivered directly to the electronic address designated by the person but placed at an electronic address accessible to the person, a licensee shall notify the person in plain, clear, and conspicuous language at the electronic address designated by the person that describes the record, informs that person that it is available at another location, and provides instructions to the person as to how to obtain the record.
(10)Copy CA Insurance Code § 38.6(b)(10)
(A)Copy CA Insurance Code § 38.6(b)(10)(A) Upon a licensee receiving information indicating that the record sent by electronic transmission was not received by the person, the licensee shall, within five business days, comply with either clause (i) or (ii):
(i)CA Insurance Code § 38.6(b)(10)(A)(i) Contact the person to confirm or update the person’s email address and resend the record by electronic transmission. If the licensee elects to resend the record by electronic transmission, the licensee shall demonstrate the transmission was received by the person, pursuant to paragraph (6), (7), or (8). If the licensee is unable to confirm or update the person’s email address, the licensee shall resend the record by regular mail to the licensee at the address shown on the policy, or, if the underlying statute requires delivery in a specified manner, send the record in that specified manner.
(ii)CA Insurance Code § 38.6(b)(10)(A)(ii) Resend the record initially provided by electronic transmission by regular mail to the insured at the address shown on the policy, or, if the underlying statute requires delivery in a specified manner, send the record in that specified manner.
(B)CA Insurance Code § 38.6(b)(10)(A)(B) If the licensee sends the first electronic record within the time period required by law and the licensee complies with both paragraph (5) and subparagraph (A) of this paragraph, the record sent pursuant to clause (i) or (ii) of subparagraph (A) shall be treated as if mailed in compliance with the applicable statutory regular mail delivery deadlines.
(11)CA Insurance Code § 38.6(b)(11) The licensee shall not charge any person who declines to opt in to receive a record through electronic transmission from receiving a record electronically. The licensee shall not provide a discount or an incentive to any person to opt in to receive electronic records.
(12)CA Insurance Code § 38.6(b)(12) The licensee shall verify a person’s email address via paper writing sent by regular mail when more than 12 months have elapsed since the licensee’s last electronic communication.
(c)CA Insurance Code § 38.6(c) An insurance agent or broker acting under the direction of a party that enters into a contract by means of an electronic record or electronic signature shall not be held liable for any deficiency in the electronic procedures agreed to by the parties under that contract if all of the following are met:
(1)CA Insurance Code § 38.6(c)(1) The insurance agent or broker has not engaged in negligent, reckless, or intentional tortious conduct.
(2)CA Insurance Code § 38.6(c)(2) The insurance agent or broker was not involved in the development or establishment of the electronic procedures.
(3)CA Insurance Code § 38.6(c)(3) The insurance agent or broker did not deviate from the electronic procedures.
(d)CA Insurance Code § 38.6(d) On or before January 1, 2022, the commissioner shall submit a report to the Governor and to the committees of the Senate and Assembly having jurisdiction over insurance and the judiciary, regarding insurer compliance with laws governing electronic transmissions of insurance transactions, including renewal offers, notices, or disclosures. The commissioner shall ensure the report addresses the use of electronic transmissions by insurers conducting the business of insurance, the department’s enforcement actions relating to those electronic transmissions, and the impact of those enforcement actions on insurer compliance rates.
(e)CA Insurance Code § 38.6(e) Notwithstanding paragraph (4) of subdivision (b) of Section 1633.3 of the Civil Code, a statutory requirement for a separate acknowledgment, signature, or initial that is not expressly prohibited by subdivision (c) of Section 1633.3 of the Civil Code may be transacted using an electronic signature, or by electronic transaction, subject to all applicable provisions of this section.
(f)Copy CA Insurance Code § 38.6(f)
(1)Copy CA Insurance Code § 38.6(f)(1) Whenever the commissioner has reason to believe that a licensee has been or is engaged in conduct in this state that violates this section, or if the commissioner believes that a licensee has been or is engaged in conduct outside this state that has an effect on an insurance risk located within this state and that violates this section, the commissioner shall issue and serve upon that licensee a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for the hearing shall be not less than 30 days after the date of service.
(2)CA Insurance Code § 38.6(f)(2) At the time and place fixed for the hearing, the licensee charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the commissioner shall permit any adversely affected person to appear and be heard at the hearing by counsel or in person.
(3)CA Insurance Code § 38.6(f)(3) At any hearing conducted pursuant to this section, the commissioner may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence. The commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, and other documents that are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the commissioner. If no stenographic record is made and if judicial review is sought, the commissioner shall prepare a statement of the evidence for use on review. Hearings conducted under this section shall be governed by the same rules of evidence and procedure applicable to administrative proceedings conducted under the laws of this state.
(4)CA Insurance Code § 38.6(f)(4) Statements of charges, notice, orders, and other processes of the commissioner under this section may be served by anyone duly authorized to act on behalf of the commissioner. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail or by a mailing service offered by a third-party with tracking capability that is not more expensive than registered mail. A copy of the statement of charges, notice, order, or other process shall be provided to the person or persons whose rights under this section have been allegedly violated. A verified return setting forth the manner of service, the return postcard receipt in the case of registered mail, or signed receipt documentation shall be sufficient proof of service.
(5)CA Insurance Code § 38.6(f)(5) If, after a hearing pursuant to paragraphs (1) through (4), the commissioner determines that the licensee charged has engaged in conduct or practices in violation of this section, the commissioner shall reduce their findings to writing and shall issue and cause to be served upon the licensee a copy of the findings and an order requiring the licensee to cease and desist from the conduct or practices constituting a violation of this section. As part of the order, the commissioner may suspend a licensee from providing records by electronic transmission if there is a pattern or practice that demonstrates the licensee has failed to comply with the requirements of this section. A licensee may appeal the suspension and resume its electronic transmission of records upon communication from the department that the changes the licensee made to its process or system to comply with the requirements of this section are satisfactory.
(6)CA Insurance Code § 38.6(f)(6) Until expiration of the time allowed using the procedure set forth in paragraph (7) for filing a petition for review or until the petition is actually filed, whichever occurs first, the commissioner may modify or set aside any order issued under this section. After expiration of the time allowed under paragraph (7) for filing a petition for review, if no petition has been duly filed, the commissioner may, after notice and opportunity for hearing, alter, modify, or set aside, in whole or in part, any order issued under this section whenever conditions of fact or law warrant that action or if the public interest requires.
(7)CA Insurance Code § 38.6(f)(7) A licensee subject to an order of the commissioner under this section or a person whose rights under this section were allegedly violated may obtain a review of an order of the commissioner by filing a petition in a court of competent jurisdiction, within 30 days from the date of the service of the order, pursuant to Section 1094.5 of the Code of Civil Procedure. The court shall have jurisdiction to make and enter a decree modifying, affirming, or reversing any order of the commissioner, in whole or in part.
(8)CA Insurance Code § 38.6(f)(8) An order issued by the commissioner under this section shall become final upon either of the following:
(A)CA Insurance Code § 38.6(f)(8)(A) Upon the expiration of the time allowed for the filing of a petition for review, if no petition has been duly filed. However, the commissioner may modify or set aside an order to the extent provided in paragraph (6).
(B)CA Insurance Code § 38.6(f)(8)(B) Upon a final decision of the court, if the court directs that the order of the commissioner be affirmed or the petition for review dismissed.
(9)CA Insurance Code § 38.6(f)(9) An order of the commissioner under this section or order of a court to enforce the order of the commissioner shall not in any way relieve or absolve a person or licensee affected by that order from liability under any law of this state.
(10)CA Insurance Code § 38.6(f)(10) A licensee who violates a cease and desist order of the commissioner under this section may, after notice and hearing and upon order of the commissioner, be subject to one of the following penalties at the discretion of the commissioner:
(A)CA Insurance Code § 38.6(f)(10)(A) A civil penalty of not more than ten thousand dollars ($10,000) for each violation, except that the total civil penalty for violations of this section in a single investigation shall not exceed two hundred fifty thousand dollars ($250,000).
(B)CA Insurance Code § 38.6(f)(10)(B) A civil penalty of not more than two hundred fifty thousand dollars ($250,000) if the commissioner finds that violations have occurred with such frequency as to constitute a general business practice.
(C)CA Insurance Code § 38.6(f)(10)(C) Suspension or revocation of a licensee’s license if the licensee knew or reasonably should have known it was in violation of the cease and desist order.

Section § 38.8

Explanation

This law requires insurance companies to have a system that lets policyholders choose to conduct transactions electronically. It also must allow policyholders to change their minds and opt-out of doing business electronically. The insurer needs to keep the electronic records for as long as they would keep written ones.

Insurers shall maintain a system for electronically confirming a policyholder’s decision to opt in to an agreement to conduct transactions electronically and a system that will allow the policyholder to electronically opt out of the agreement to conduct business electronically as specified in subdivision (c) of Section 1633.5. The insurer shall maintain the electronic records for the same amount of time the insurer would be required to maintain those records if the records were in written form.

Section § 39

Explanation

This section means that if a part of this code is found to be invalid or not applicable to a particular person or situation, the rest of the code remains effective and applicable to other people or situations. The validity of one part doesn't affect the rest of the code.

If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby.

Section § 40

Explanation

This law says that insurance companies that were created before this code came into effect will not be shut down or impacted just because the new code is enacted. However, moving forward, they have to follow the rules of the new code.

The existence of insurers formed prior to the date this code takes effect shall not be affected by the enactment of this code nor by any repeal of the laws under which they were formed, but such insurers shall thereafter operate under the provisions of this code.

Section § 41

Explanation

This section states that all types of insurance within the state are regulated by the rules and guidelines set out in this insurance code.

All insurance in this State is governed by the provisions of this code.

Section § 42

Explanation

This law clarifies that calling insurance coverage 'group' in any state law other than the insurance code doesn't mean it can be marketed as group coverage unless it's specifically defined as such in the insurance code or laws of the state where the policy is issued. This rule is specifically for life, disability, and workers' compensation insurance.

The designation of insurance coverage as “group” in any code or law of this state other than this code does not authorize its representation as a group coverage or as a group policy, certificate, or contract by any person licensed or certificated by the commissioner unless the policy providing the coverage is defined as group insurance by a specific provision of this code or of the laws of the state in which the policy, certificate, or contract is issued. This section shall apply only to life, disability, and workers’ compensation insurance.

Section § 44

Explanation

If someone deliberately spreads false information to harm the financial health of an insurance company in California, they can be charged with a misdemeanor and fined up to $1,000.

Any person who willfully and knowingly makes, circulates, or transmits to another any false written or printed statement for the purpose of damaging the financial condition or stability of any insurance company doing business in this state is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000).

Section § 45

Explanation

This law defines 'Electronic funds transfer' as any money transfer method that isn’t done with a check, focusing instead on electronic systems like computers or phones. It's a way of moving money either into or out of a bank account; insurers can choose the transfer type used.

Several key terms are explained: 'Automated clearinghouse' (a system for interbank transactions), 'Automated clearinghouse debit' (where the state takes tax payments directly from a taxpayer’s bank account and covers any fees), and 'Automated clearinghouse credit' (where taxpayers initiate a transaction to pay the state, potentially covering any fees). 'Fedwire' involves a direct bank-to-bank transfer using a national system, needing state pre-approval, and may charge fees to the taxpayer. Lastly, 'International funds transfer' uses SWIFT for cross-border transactions to credit a U.S. bank that credits the state's account, with costs possibly passed to the taxpayer.

(a)CA Insurance Code § 45(a) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. Electronic funds transfer shall be accomplished by an automated clearinghouse debit, an automated clearinghouse credit, a Federal Reserve Wire Transfer (Fedwire), or an international funds transfer, at the option of the insurer.
(b)CA Insurance Code § 45(b) For purposes of this section:
(1)CA Insurance Code § 45(b)(1) “Automated clearinghouse” means any federal reserve bank, or an organization established by agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and that authorizes an electronic transfer of funds between those banks or bank accounts.
(2)CA Insurance Code § 45(b)(2) “Automated clearinghouse debit” means a transaction in which any department of the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the taxpayer’s bank account and crediting the state’s bank account for the amount of tax. Banking costs incurred for the automated clearinghouse debit transaction by the taxpayer shall be paid by the state.
(3)CA Insurance Code § 45(b)(3) “Automated clearinghouse credit” means an automated clearinghouse transaction in which the taxpayer, through its own bank, originates an entry crediting the state’s bank account and debiting its own bank account. Banking costs incurred by the state for the automated clearinghouse credit transaction may be charged to the taxpayer.
(4)CA Insurance Code § 45(b)(4) “Fedwire” means any transaction originated by the taxpayer and utilizing the national electronic payment system to transfer funds through federal reserve banks, pursuant to which the taxpayer debits its own bank account and credits the state’s bank account. Electronic funds transfers may be made by Fedwire only if prior approval is obtained from the department and the taxpayer is unable, for reasonable cause, to make payments pursuant to paragraph (2) or (3). Banking costs charged to the taxpayer and to the state may be charged to the taxpayer.
(5)CA Insurance Code § 45(b)(5) “International funds transfer” means any transaction originated by the taxpayer and utilizing “SWIFT,” the international electronic payment system to transfer funds in which the taxpayer debits its own bank account, and credits the funds to a United States bank that credits the state’s bank account. Banking costs charged to the taxpayer and to the state may be charged to the taxpayer.

Section § 46

Explanation

This law states that the term “workmen’s compensation” should now be referred to as “workers’ compensation.” Whenever a section of the code that uses this term is being updated, it should use the new term. This change clarifies the term without altering the actual law.

The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation.” In furtherance of this policy it is the desire of the Legislature that references to the term “workmen’s compensation” in this code be changed to “workers’ compensation” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.

Section § 47

Explanation

A 'surplus line broker' is someone who has the proper license and is allowed to operate under specific sections of the insurance laws. They deal with certain types of insurance that can't be covered by regular insurance companies in California.

“Surplus line broker” means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1.

Section § 48

Explanation

A "surplus line broker certificate" is a document given to someone buying insurance. It shows that their insurance has been arranged with a nonadmitted insurer, which means an insurer not licensed in that state, but still eligible under specific rules mentioned in other sections.

A “surplus line broker certificate” means a certificate issued by a surplus line broker to an insurance purchaser as evidence of the placement of insurance with an eligible nonadmitted insurer in accordance with the requirements of Sections 1764, 1764.1, and 1764.2.