General Provisions
Section § 1
This section simply states that the official name of the act is the Insurance Code. It's basically like giving the act a title.
Section § 2
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.
Section § 3
Section § 4
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.
Section § 5
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.
Section § 6
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.
Section § 7
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.
Section § 8
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.
Section § 9
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.
Section § 10
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 § 11
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.
Section § 12
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.
Section § 12.2
This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.
Section § 13
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.
Section § 14
This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'
Section § 15
This law clarifies that whenever the term “city” is used, it also includes places that are considered both “city and county” together.
Section § 16
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.
Section § 17
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.
Section § 18
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.
Section § 19
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.
Section § 20
This section defines the term “Commissioner” as the Insurance Commissioner of the state.
Section § 20.5
Section § 21
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.
Section § 21.5
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.
Section § 22
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.
Section § 23
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.
Section § 24
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.
Section § 25
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.
Section § 26
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.
Section § 27
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.
Section § 28
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.
Section § 29
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.
Section § 30
This law defines a 'resident' as someone living in the state, while a 'nonresident' is someone not living in the state.
Section § 31
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.
Section § 32
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.
Section § 32.5
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.
Section § 33
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.
Section § 33.5
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.
Section § 34
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.
Section § 35
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).
Section § 36
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.
Section § 37
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.
Section § 38
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.
Section § 38.6
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.
Section § 38.8
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.
Section § 39
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.
Section § 40
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.
Section § 41
This section states that all types of insurance within the state are regulated by the rules and guidelines set out in this insurance code.
Section § 42
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.
Section § 44
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.
Section § 45
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.
Section § 46
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.
Section § 47
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.
Section § 48
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.