Section § 675

Explanation

This law applies to certain insurance policies in California, excluding automobile and workers' compensation insurance. It covers policies for residential real property with up to four dwelling units, personal property that's not used commercially, and legal liabilities for damage or injuries not related to commercial activities. The law ensures these policies follow set guidelines and cannot be denied renewal just because there's a pending claim, except for earthquake-related claims. Existing rights and remedies under older insurance laws remain unaffected.

(a)CA Insurance Code § 675(a) Except as provided in Sections 676.8 and 679.6, this chapter shall apply to policies of insurance, other than automobile insurance and workers’ compensation insurance, on risks located or resident in this state which are issued and take effect or which are renewed after the effective date of this chapter and insuring any of the following contingencies:
(1)CA Insurance Code § 675(a)(1) Loss of or damage to real property which is used predominantly for residential purposes and which consists of not more than four dwelling units.
(2)CA Insurance Code § 675(a)(2) Loss of or damage to personal property in which natural persons resident in specifically described real property of the kind described in paragraph (1) have an insurable interest, except personal property used in the conduct of a commercial or industrial enterprise.
(3)CA Insurance Code § 675(a)(3) Legal liability of a natural person or persons for loss of, damage to, or injury to, persons or property, but not including policies primarily insuring risks arising from the conduct of a commercial or industrial enterprise.
(b)CA Insurance Code § 675(b) This chapter shall not be construed so as to modify or negate any of the provisions of Chapter 3 (commencing with Section 330) of Part 1 of Division 1, nor to destroy any rights or remedies therein provided.
(c)CA Insurance Code § 675(c) On and after January 1, 2000, an insurer may not refuse to renew a policy of insurance specified in subdivision (a) solely on the grounds that a claim is pending under the policy. This subdivision is not applicable to claims made under coverage for loss or damage caused by the peril of earthquake as provided in Chapter 8.5 (commencing with Section 10081) or Chapter 8.6 (commencing with Section 10089.5), of Part 1 of Division 2.

Section § 675.1

Explanation

This law outlines what happens if your home, insured under a residential property insurance policy, is completely destroyed. First, insurers must adjust your coverage and premium if your home isn't rebuilt by policy renewal time. They can't cancel your policy just because the home is damaged and must offer renewal for up to two years if your loss was due to a disaster and wasn't your fault. Also, special rules apply for earthquake insurance adjustments.

If you're in a fire zone after a state of emergency is declared, insurers can't cancel or refuse to renew your policy for a year, unless the fire was partly your fault or the property becomes uninsurable. This applies to homes within or next to the fire area, as defined by the fire department and emergency services.

(a)CA Insurance Code § 675.1(a) In the case of a total loss to the primary insured structure under a policy of residential property insurance subject to Section 675, the following provisions apply:
(1)CA Insurance Code § 675.1(a)(1) If reconstruction of the primary insured structure has not been completed by the time of policy renewal, the insurer, prior to or at the time of renewal, and after consultation by the insurer or its representative with the insured as to what limits and coverages might or might not be needed, shall adjust the limits and coverages, write an additional policy, or attach an endorsement to the policy that reflects the change, if any, in the insured’s exposure to loss. The insurer shall adjust the premium charged to reflect any change in coverage.
(2)CA Insurance Code § 675.1(a)(2) The insurer shall not cancel coverage while the primary insured structure is being rebuilt, except for the reasons specified in subdivisions (a) to (e), inclusive, of Section 676. The insurer shall not use the fact that the primary insured structure is in damaged condition as a result of the total loss as the sole basis for a decision to cancel the policy pursuant to subdivision (e) of that section.
(3)CA Insurance Code § 675.1(a)(3) Except for the reasons specified in subdivisions (a) to (e), inclusive, of Section 676, the insurer shall offer, for at least the next two annual renewal periods, but no less than 24 months of coverage from the date of the loss, to renew the policy in accordance with paragraph (1) if the total loss to the primary insured structure was caused by a disaster, as defined in subdivision (b) of Section 1689.14 of the Civil Code, the loss was not also due to the negligence of the insured, and losses have not occurred subsequent to the disaster-related total loss that relate to physical or risk changes to the insured property that result in the property becoming uninsurable.
(4)CA Insurance Code § 675.1(a)(4) With respect to policies of residential earthquake insurance, the California Earthquake Authority, or any insurer, including a participating insurer, as defined in subdivision (i) of Section 10089.5, may defer its initial implementation of this section until no later than October 1, 2005.
(5)CA Insurance Code § 675.1(a)(5) With respect to a residential earthquake insurance policy issued by the California Earthquake Authority, the following provisions apply:
(A)CA Insurance Code § 675.1(a)(5)(A) The participating insurer that issued the underlying policy of residential property insurance on the primary insured structure shall consult with the insured as to what limits and coverages might or might not be needed as required by paragraph (1).
(B)CA Insurance Code § 675.1(a)(5)(B) The California Earthquake Authority, in lieu of meeting the requirements of paragraph (1), shall establish procedures and practices that allow it to reasonably accommodate the needs and interests of consumers in maintaining appropriate earthquake insurance coverage, within the statutory and regulatory limitations on the types of insurance coverages and the coverage limits of the policies that the authority may issue.
(b)Copy CA Insurance Code § 675.1(b)
(1)Copy CA Insurance Code § 675.1(b)(1) An insurer shall not cancel or refuse to renew a policy of residential property insurance for a property located in any ZIP Code within or adjacent to the fire perimeter, for one year after the declaration of a state of emergency, as defined in Section 8558 of the Government Code, based solely on the fact that the insured structure is located in an area in which a wildfire has occurred. This prohibition applies to all policies of residential property insurance in effect at the time of the declared emergency.
(2)CA Insurance Code § 675.1(b)(2) For the purposes of this section, the fire perimeter shall be determined by the Department of Forestry and Fire Protection in consultation with the Office of Emergency Services. The department shall provide the commissioner with data describing the fire perimeter sufficient for the commissioner to determine which ZIP Codes are within or adjacent to the fire perimeter. The commissioner shall then issue a bulletin to inform insurers which ZIP Codes are subject to this subdivision.
(c)CA Insurance Code § 675.1(c) Subdivision (b) does not apply in any of the following circumstances:
(1)CA Insurance Code § 675.1(c)(1) If willful or grossly negligent acts or omissions by the named insured, or his or her representatives, are discovered that materially increase any of the risks insured against.
(2)CA Insurance Code § 675.1(c)(2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal.
(3)CA Insurance Code § 675.1(c)(3) If there are physical or risk changes to the insured property beyond the catastrophe-damaged condition of the structures and surface landscape that result in the property becoming uninsurable.
(d)CA Insurance Code § 675.1(d) For the purposes of this section, “policy of residential property insurance” has the meaning described in subdivision (a) of Section 10087.

Section § 675.5

Explanation

This California insurance law outlines rules for commercial insurance policies that began after January 1, 1987, covering various risks associated with business operations. These policies include multiple types of commercial insurances like multiperil, liability, and errors and omissions, specifically for issues like property damage and legal liabilities in business settings.

Commercial insurance applies to businesses, professional practices, nonprofits, and government entities. However, this definition excludes certain types of insurance, like workers' compensation, disability, certain auto and property insurance, ocean marine, fidelity and surety, surplus lines, reinsurance, insurance with retrospective premium ratings, and nuclear insurance.

(a)CA Insurance Code § 675.5(a) In addition to any policy of insurance specified in Section 675, this chapter shall apply to policies of commercial insurance issued or issued for delivery in this state which are issued and take effect or are renewed on or after January 1, 1987.
(b)CA Insurance Code § 675.5(b) As used in this section, commercial insurance means commercial multiperil, commercial property, commercial liability, commercial special multiperil, commercial comprehensive multiperil, errors and omissions liability, and professional liability insurance, and any other insurance not included in subdivision (d) which covers any of the following contingencies:
(1)CA Insurance Code § 675.5(b)(1) Loss of or damage to real property used or owned by a commercial or industrial enterprise.
(2)CA Insurance Code § 675.5(b)(2) Loss of or damage to personal property, except personally owned motor vehicles, used in the conduct of a commercial or industrial enterprise.
(3)CA Insurance Code § 675.5(b)(3) Legal liability of any person for loss of, damage to, or injury to persons or property, arising from the conduct of a commercial or industrial enterprise.
(c)CA Insurance Code § 675.5(c) As used in this section, the term commercial or industrial enterprise includes a business operated for profit, a professional practice, a nonprofit organization, or a governmental entity.
(d)CA Insurance Code § 675.5(d) As used in this section, the term commercial insurance does not include any of the following:
(1)CA Insurance Code § 675.5(d)(1) Workers’ compensation insurance.
(2)CA Insurance Code § 675.5(d)(2) Insurance provided pursuant to the California FAIR plan or the California automobile assigned risk plan.
(3)CA Insurance Code § 675.5(d)(3) Disability insurance.
(4)CA Insurance Code § 675.5(d)(4) Automobile insurance covered by Section 660 and property insurance covered by Section 675.
(5)CA Insurance Code § 675.5(d)(5) Ocean marine insurance.
(6)CA Insurance Code § 675.5(d)(6) Fidelity and surety insurance.
(7)CA Insurance Code § 675.5(d)(7) Surplus line insurance, which is nonadmitted insurance as defined in subdivision (m) of Section 1760.1.
(8)CA Insurance Code § 675.5(d)(8) Reinsurance.
(9)CA Insurance Code § 675.5(d)(9) Any insurance, other than professional liability insurance for malpractice, errors, or omissions, for which premiums are determined on a retrospective rating basis.
(10)CA Insurance Code § 675.5(d)(10) Nuclear liability insurance.
(11)CA Insurance Code § 675.5(d)(11) Nuclear property insurance.

Section § 676

Explanation

Once an insurance policy in California has been in effect for 60 days, or from the start if it's a renewal, it can't be canceled unless specific reasons occur after the policy starts. These include not paying the premium, the insured being convicted of a crime that raises risks, discovering fraud or significant false information from the insured, major negligence by the insured, or physical changes to the property making it uninsurable.

After a policy specified in Section 675 has been in effect for 60 days, or, if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it is based on the occurrence, after the effective date of the policy, of one or more of the following:
(a)CA Insurance Code § 676(a) Nonpayment of premium, including nonpayment of any additional premiums, calculated in accordance with the current rating manual of the insurer, justified by a physical change in the insured property or a change in its occupancy or use.
(b)CA Insurance Code § 676(b) Conviction of the named insured of a crime having as one of its necessary elements an act increasing any hazard insured against.
(c)CA Insurance Code § 676(c) Discovery of fraud or material misrepresentation by either of the following:
(1)CA Insurance Code § 676(c)(1) The insured or his or her representative in obtaining the insurance.
(2)CA Insurance Code § 676(c)(2) The named insured or his or her representative in pursuing a claim under the policy.
(d)CA Insurance Code § 676(d) Discovery of grossly negligent acts or omissions by the insured or his or her representative substantially increasing any of the hazards insured against.
(e)CA Insurance Code § 676(e) Physical changes in the insured property which result in the property becoming uninsurable.

Section § 676.1

Explanation

This law makes it clear that insurance companies can't cancel or refuse to renew a homeowner's insurance policy just because the policyholder runs a family day care at their home. If they do, they'll face penalties unless specific issues occurred, like lying on the application, changes in risk since the policy started, unpaid premiums, or if the company stops offering homeowners' insurance. If you buy a new home and get a policy from the same insurer who covered your last home, it's considered a renewal. However, homeowners' policies can't cover liability for day care activities at the home unless there's a special add-on or separate policy for which extra payment is required.

(a)CA Insurance Code § 676.1(a) The arbitrary cancellation of a policy of homeowners’ insurance solely on the basis that the policyholder has a license to operate a family day care home at the insured location shall subject the insurer to administrative sanctions authorized by this code unless, there has been a material misrepresentation of fact, the risk has changed substantially since the policy was issued, there has been a nonpayment of premium, or the insurer no longer writes homeowners policies.
(b)CA Insurance Code § 676.1(b) The arbitrary refusal to renew a policy of homeowners’ insurance solely on the basis that the policyholder has a license to operate a family day care home at the insured location shall subject the insurer to administrative sanctions authorized by this code unless, there has been a material misrepresentation of fact, the risk has changed substantially since the policy was issued, there has been a nonpayment of premium, or the insurer no longer writes homeowners’ policies. For purposes of this subdivision, an insured’s purchase of a policy of homeowner’s insurance to cover a new, primary residence from the same insurer which insured his or her previous primary residence, provided that the insurer then underwrites homeowners’ insurance in the geographic area containing the new residence, shall be deemed a renewal of the policy on the previous, primary residence.
(c)CA Insurance Code § 676.1(c) It shall be against public policy for a residential property insurance policy to provide coverage for liability for losses arising out of, or in connection with, the operation of a family day care home. This coverage shall only be provided by a separate endorsement or insurance policy for which premiums have been assessed and collected.

Section § 676.2

Explanation

This law addresses when and how a commercial insurance policy can be canceled or changed in California. A policy can't be canceled after 60 days unless there's a serious reason, such as not paying premiums, fraud, or significant changes in risk. If the insurance company wants to change rates or coverage terms during the policy period, they must give a 30-day notice with valid reasons, like increased risk due to the insured's actions. The law also permits premium increases for specific changes in the insured property or activities, but not during a transfer between insurers of the same group.

Additionally, certain determinations or decisions about changes due to risks affecting the insurer's financial health can bypass regular administrative procedures, but they involve specific fees and timelines.

(a)CA Insurance Code § 676.2(a) This section applies only to policies of commercial insurance that are subject to Section 675.5.
(b)CA Insurance Code § 676.2(b) After a policy has been in effect for more than 60 days, or if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it complies with Section 677.2 and it is based on the occurrence, after the effective date of the policy, of one or more of the following:
(1)CA Insurance Code § 676.2(b)(1) Nonpayment of premium, including payment due on a prior policy issued by the insurer and due during the current policy term covering the same risks.
(2)CA Insurance Code § 676.2(b)(2) A judgment by a court or an administrative tribunal that the named insured has violated any law of this state or of the United States having as one of its necessary elements an act that materially increases any of the risks insured against.
(3)CA Insurance Code § 676.2(b)(3) Discovery of fraud or material misrepresentation by either of the following:
(A)CA Insurance Code § 676.2(b)(3)(A) The insured or the insured’s representative in obtaining the insurance.
(B)CA Insurance Code § 676.2(b)(3)(B) The named insured or the named insured’s representative in pursuing a claim under the policy.
(4)CA Insurance Code § 676.2(b)(4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the named insured or the named insured’s representative, which materially increase any of the risks insured against.
(5)CA Insurance Code § 676.2(b)(5) Failure by the named insured or the named insured’s representative to implement reasonable loss control requirements that were agreed to by the insured as a condition of policy issuance or that were conditions precedent to the use by the insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against.
(6)CA Insurance Code § 676.2(b)(6) A determination by the commissioner that the loss of, or changes in, an insurer’s reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the insurer. A certification made under penalty of perjury to the commissioner by an officer of the insurer of the loss of, or change in, reinsurance and that the loss or change will threaten the financial integrity or solvency of the insurer if the cancellation of the policy is not permitted shall constitute this determination unless disapproved by the commissioner within 30 days of the filing. There shall be no extensions to this 30-day period.
(7)CA Insurance Code § 676.2(b)(7) A determination by the commissioner that a continuation of the policy coverage would place the insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the insurer.
(8)CA Insurance Code § 676.2(b)(8) A change by the named insured or the named insured’s representative in the activities or property of the commercial or industrial enterprise that results in a material added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
(c)Copy CA Insurance Code § 676.2(c)
(1)Copy CA Insurance Code § 676.2(c)(1) After a policy has been in effect for more than 60 days, or if the policy is a renewal, effective immediately upon renewal, no increase in the rate upon which the premium is based, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless a written notice is mailed or delivered to the named insured and the producer of record at the mailing address shown on the policy, at least 30 days prior to the effective date of the increase, reduction, or change. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed. The notice shall state the effective date of, and the reasons for, the increase, reduction, or change.
(2)CA Insurance Code § 676.2(c)(2) The increase, reduction, or change shall not be effective unless it is based upon one of the following reasons:
(A)CA Insurance Code § 676.2(c)(2)(A) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the named insured that materially increase any of the risks or hazards insured against.
(B)CA Insurance Code § 676.2(c)(2)(B) Failure by the named insured to implement reasonable loss control requirements that were agreed to by the insured as a condition of policy issuance or that were conditions precedent to the use by the insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against.
(C)CA Insurance Code § 676.2(c)(2)(C) A determination by the commissioner that loss of or changes in an insurer’s reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted.
(D)CA Insurance Code § 676.2(c)(2)(D) A change by the named insured in the activities or property of the commercial or industrial enterprise that results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
(E)CA Insurance Code § 676.2(c)(2)(E) With respect to a change in the rate of a policy of professional liability insurance for a health care provider, the insurer’s offer of renewal notifies the policyholder that the insurer has an application filed pursuant to Section 1861.05 pending with the commissioner for approval of a change in the rate upon which the premium is based, and the commissioner subsequently approves the rate change, or some different amount for the policy period. The change shall not be retroactive.
(d)CA Insurance Code § 676.2(d) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), and Chapter 5 (commencing with Section 11500) of Title 2 of Division 3 of the Government Code) shall not apply to a determination pursuant to paragraph (6) or (7) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (c). The commissioner shall charge an insurer who requests a determination pursuant to paragraph (6) or (7) of subdivision (b) a fee sufficient to recover the costs of making the determination. If the commissioner does not act upon a request by an insurer to cancel or change a policy pursuant to those provisions within 30 days, the request shall be deemed to be approved.
(e)CA Insurance Code § 676.2(e) This section shall not prohibit an insurer from increasing a premium during the policy period if the increase is calculated in accordance with the current rating manual of the insurer and is justified by a physical change in the insured property or by a change in the activities of the commercial or industrial enterprise that materially increases any of the risks insured against.
(f)CA Insurance Code § 676.2(f) This section shall not apply to a transfer of a policy without a change in its terms or conditions or the rate upon which the premium is based between insurers that are members of the same insurance group.

Section § 676.3

Explanation

This section allows insurers to take action, called 'remedial underwriting,' against dentists and doctors if they are recommended by a group of licensed peers due to professional service issues. Before any action is taken, the insured will be notified in writing and have at least 30 days to argue their case. These actions are not covered by certain existing rules, but the commissioner can still pursue further investigation or enforcement. The aim is to support professional peer reviews and ensure insurance coverage protects the public.

Nothing in Section 676.2 shall preclude the imposition of remedial underwriting action upon coverage insuring dentists or physicians and surgeons against legal liability arising from the rendering of professional services by an insured licensed pursuant to Chapter 4 (commencing with Section 1600) or Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, respectively, if remedial underwriting action is imposed pursuant to the recommendation of an underwriting committee advising the insurer; provided that a majority of the members of that committee are licensed pursuant to the chapter of Division 2 of the Business and Professions Code that is applicable to that particular insured, and written notification of the proposed remedial underwriting action is first given to the insured, and the insured is afforded not less than 30 days to present opposition or argument to the underwriting committee as to why the remedial underwriting action should be modified or withheld, prior to any imposition thereof. Remedial underwriting action includes all actions described in subdivision (c) of Section 676.2. Remedial underwriting action imposed pursuant to this section shall not be subject to Article 7 (commencing with Section 1858) of Chapter 9 of Part 2, but nothing in this section shall deny the right of the commissioner to investigate, pursue enforcement action, and seek other remedies as authorized by Article 1 (commencing with Section 12919) of Chapter 2 of Division 3.
It is the intent of the Legislature to encourage peer review by insurers providing coverage to persons engaged in the provision of health services and the adoption of conditions of coverage which are intended to protect the public.

Section § 676.4

Explanation

This law allows health insurance companies to modify the rate or coverage conditions for policies held by licensed health care facilities. These changes can only be made based on recommendations from a specific advisory committee. The majority of this committee must be representatives from licensed health care facilities. Moreover, insurance companies must inform all affected policyholders in writing at least 30 days before any such changes take effect.

Nothing in Section 676.2 shall preclude, while the policies are in force, changes in the rate upon which the premium is based or the conditions of coverage, or both, of policies insuring health care facilities licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, if the change is imposed pursuant to the recommendation of a health care facility professional liability advisory committee advising the insurer; provided that a majority of the members of the committee are duly authorized representatives of health care facilities licensed pursuant to that Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, and written notification of the change is given to all affected insureds at least 30 days prior to any such change.

Section § 676.5

Explanation

This law applies to certain commercial insurance policies. For policies without a fixed end date or lasting less than a year, they're treated as lasting one year. Policies longer than a year are seen as multiple one-year terms. An exception is if a policy covers a risk that ends within its term or if the insured asks for a shorter term.

(a)CA Insurance Code § 676.5(a) This section applies only to policies of commercial insurance which are subject to Section 675.5.
(b)CA Insurance Code § 676.5(b) Except as provided in subdivision (c), for purposes of this chapter only, a policy with no fixed expiration, or with a term of less than one year, shall be considered to be a policy for a term of one year, and a policy written for a term of more than one year shall be considered as if written for successive terms of one year.
(c)CA Insurance Code § 676.5(c) For purposes of this chapter, a policy shall be considered to be for a term of less than one year if the policy is issued for a specific risk which does not continue beyond the period of the policy, or if the insured requests a policy for a term of less than one year.

Section § 676.6

Explanation

This law applies to specific types of commercial insurance policies: umbrella liability, excess liability, and excess property.

The law defines these insurance policies and sets rules for when they can be canceled after being in effect for more than 60 days, or being renewed.

Cancellation can only happen under certain conditions such as changes in coverage terms, cancellation of underlying policies, or changes in the financial ratings of insurers.

Additionally, a notice for nonrenewal isn't needed in various situations, like transferring the policy without changes between insurers in the same group, short-term policy extensions, obtaining new coverage, or if a written offer to renew with changes was made.

(a)CA Insurance Code § 676.6(a) This section applies to commercial umbrella liability insurance policies, commercial excess liability insurance policies, and commercial excess property insurance policies.
(b)CA Insurance Code § 676.6(b) As used in this section:
(1)CA Insurance Code § 676.6(b)(1) “Umbrella liability insurance policy” means an insurance policy providing liability coverage per person or per occurrence or per claim, when written over one or more underlying liability policies or over a specified amount of self-insured retention.
(2)CA Insurance Code § 676.6(b)(2) “Excess liability insurance policy” means an insurance policy providing liability covrage per person or per occurrence or per claim when written over one or more underlying liability policies. Excess liability policies shall include policies written over umbrella liability policies.
(3)CA Insurance Code § 676.6(b)(3) “Excess property insurance policy” means a policy providing property coverage per occurrence or per location when written over one or more underlying property insurance policies or a specified amount of self-insured retention.
(c)CA Insurance Code § 676.6(c) After a policy defined in subdivision (b) of this section has been in effect for more than 60 days, or if the policy is a renewal, effective immediately, no notice of cancellation shall be effective unless it complies with Section 677. 2, is based on one or more of the grounds set forth in subdivision (b) of Section 676.2, or is based on one or more of the following:
(1)CA Insurance Code § 676.6(c)(1) A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies.
(2)CA Insurance Code § 676.6(c)(2) Cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse.
(3)CA Insurance Code § 676.6(c)(3) A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation obtained from a recognized financial rating organization.
(d)CA Insurance Code § 676.6(d) A notice of nonrenewal shall not be required in any of the following situations:
(1)CA Insurance Code § 676.6(d)(1) The transfer of, or renewal of, a policy without a change in its terms or conditions or the rate on which the premium is based between insurers which are members of the same insurance group.
(2)CA Insurance Code § 676.6(d)(2) The policy has been extended for 90 days or less, if the notice required in subdivision (c) has been given prior to the extension.
(3)CA Insurance Code § 676.6(d)(3) The named insured has obtained replacement coverage or has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage.
(4)CA Insurance Code § 676.6(d)(4) The policy is for a period of no more than 60 days and the insured is notified at the time of issuance that it may not be renewed.
(5)CA Insurance Code § 676.6(d)(5) The named insured requests a change in the terms or conditions or risks covered by the policy within 60 days prior to the end of the policy period.
(6)CA Insurance Code § 676.6(d)(6) The insurer has made a written offer to the insured, within the time period specified in subdivision (c), to renew the policy under changed terms or conditions or at a changed premium rate. As used herein, “terms or conditions” includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles.

Section § 676.7

Explanation

This law states that insurance companies in California cannot deny, refuse, or cancel homeowner’s or tenant’s insurance for someone just because they are involved in foster care activities. Foster children must have the same coverage as biological children under these policies, but accidents involving vehicles, aircraft, or boats are not covered unless specified.

Additionally, insurance cannot cover losses related to claims that should be covered by the Foster Family Home and Small Family Home Insurance Fund, government claims related to foster care, alienation of affection of a foster child, sexual misconduct, or dishonest acts. There’s no penalty for violating this rule before January 1, 1987. Insurers can offer special endorsements or separate policies for foster care claims not excluded by these rules.

(a)CA Insurance Code § 676.7(a) No admitted insurer, licensed to issue and issuing homeowner’s or tenant’s policies, as described in Section 122, shall (1) fail or refuse to accept an application for that insurance or to issue that insurance to an applicant or (2) cancel that insurance, solely on the basis that the applicant or policyholder is engaged in foster home activities in a licensed foster family home or licensed small family home, as defined in Section 1502 of the Health and Safety Code, or an approved resource family, as defined in Section 16519.5 of the Welfare and Institutions Code.
(b)CA Insurance Code § 676.7(b) Coverage under policies described in subdivision (a) with respect to a foster child shall be the same as that provided for a natural child. However, unless specifically provided in the policy, there shall be no coverage expressly provided in the policy for any bodily injury arising out of the operation or use of any motor vehicle, aircraft, or watercraft owned or operated by, or rented or loaned to, any foster parent.
(c)CA Insurance Code § 676.7(c) It is against public policy for a policy of homeowner’s or tenant’s insurance subject to this section to provide liability coverage for any of the following losses:
(1)CA Insurance Code § 676.7(c)(1) Claims of a foster child, or a parent, guardian, or guardian ad litem thereof, of a type payable by the Foster Family Home and Small Family Home Insurance Fund established by Section 1527.1 of the Health and Safety Code, regardless of whether the claim is within the limits of coverage specified in Section 1527.4 of the Health and Safety Code.
(2)CA Insurance Code § 676.7(c)(2) An insurer shall not be liable, under a policy of insurance subject to this section, to any governmental agency for damage arising from occurrences peculiar to the foster-care relationship and the provision of foster-care services.
(3)CA Insurance Code § 676.7(c)(3) Alienation of affection of a foster child.
(4)CA Insurance Code § 676.7(c)(4) Any loss arising out of licentious, immoral, or sexual behavior on the part of a foster parent intended to lead to, or culminating in, any sexual act.
(5)CA Insurance Code § 676.7(c)(5) Any loss arising out of a dishonest, fraudulent, criminal, or intentional act.
(d)CA Insurance Code § 676.7(d) There shall be no penalty for violations of this section prior to January 1, 1987.
(e)CA Insurance Code § 676.7(e) Insurers may provide a special endorsement to a homeowners’ or tenants’ policy covering claims related to foster care that are not excluded by subdivision (c).
(f)CA Insurance Code § 676.7(f) Insurers may provide by a separate policy for some or all of the claims related to foster care that are excluded by subdivision (c).

Section § 676.8

Explanation

This law deals with how and when insurance companies can cancel a workers' compensation insurance policy. If a policyholder doesn't pay premiums, fails to report or allow payroll audits, breaks safety rules, changes business operations significantly, lies materially on the policy, or doesn't cooperate in claim investigations, the insurer can cancel their policy.

Notice before cancellation is required: 10 days for payment failures, audit issues, misrepresentation, or claim investigation cooperation failures, and 30 days for safety order violations or significant business changes. However, no notice is necessary if mutually agreed upon. If issues are resolved in time, the policy won't be canceled. The law also allows premium rate changes due to legal or agreed adjustments, and considers policies over a year to be yearly renewals.

(a)CA Insurance Code § 676.8(a) This section applies only to policies of workers’ compensation insurance.
(b)CA Insurance Code § 676.8(b) After a policy is in effect, a notice of cancellation shall not be effective unless it complies with the notice requirements of this section and is based upon the occurrence, after the effective date of the policy, of one or more of the following:
(1)CA Insurance Code § 676.8(b)(1) The policyholder’s failure to make any workers’ compensation insurance premium payment when due.
(2)CA Insurance Code § 676.8(b)(2) The policyholder’s failure to report payroll, to permit the insurer to audit payroll as required by the terms of the policy or of a previous policy issued by the insurer, or to pay any additional premium as a result of an audit of payroll as required by the terms of the policy or of a previous policy.
(3)CA Insurance Code § 676.8(b)(3) The policyholder’s material failure to comply with federal or state safety orders or written recommendations of the insurer’s designated loss control representative.
(4)CA Insurance Code § 676.8(b)(4) A material change in ownership or any change in the policyholder’s business or operations that materially increases the hazard for frequency or severity of loss, requires additional or different classifications for premium calculations, or contemplates an activity excluded by the insurer’s reinsurance treaties.
(5)CA Insurance Code § 676.8(b)(5) Material misrepresentation by the policyholder or its agent.
(6)CA Insurance Code § 676.8(b)(6) Failure to cooperate with the insurer in the insurer’s investigation of a claim.
(c)CA Insurance Code § 676.8(c) A policy shall not be canceled for the conditions specified in paragraph (1), (2), (5), or (6) of subdivision (b) except upon 10 days’ written notice to the policyholder by the insurer. A policy shall not be canceled for the conditions specified in paragraph (3) or (4) of subdivision (b) except upon 30 days’ written notice to the policyholder by the insurer, provided that notice is not required if an insured and insurer consent to the cancellation and reissuance of a policy effective upon a material change in ownership or operations of the insured. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed. If the policyholder remedies the condition to the insurer’s satisfaction within the specified time period, the policy shall not be canceled by the insurer.
(d)CA Insurance Code § 676.8(d) Nothing in this section shall preclude, while policies are in force, changes in the premium rate required or authorized by law, regulation, or order of the commissioner, or otherwise agreed to between the policyholder and insurer.
(e)CA Insurance Code § 676.8(e) Any policy written for a term longer than one year, or any policy with no fixed expiration date, shall be considered as if written for successive policy periods of one year.

Section § 676.9

Explanation

This law says that insurance companies in California cannot discriminate against people who are or have been victims of domestic violence. This means insurers cannot deny, cancel, or change the terms of insurance policies based on someone's status as a domestic violence victim.

However, insurers can take actions for other lawful reasons, unrelated to domestic violence. Information about someone's experience with domestic violence is treated as personal and private.

Insurance companies and their employees aren't allowed to ask for or use information about domestic violence, except in certain situations such as complying with the law or verifying claims related to domestic violence.

(a)CA Insurance Code § 676.9(a) This section applies to policies covered by Sections 675 and 675.5.
(b)CA Insurance Code § 676.9(b) No insurer issuing policies subject to this section shall deny or refuse to accept an application, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate, or charge a different rate for the same coverage, on the basis that the applicant or insured person is, has been, or may be, a victim of domestic violence.
(c)CA Insurance Code § 676.9(c) Nothing in this section shall prevent an insurer subject to this section from taking any of the actions set forth in subdivision (b) on the basis of criteria not otherwise made invalid by this section or any other act, regulation, or rule of law. If discrimination by an insurer is not in violation of this section but is based on any other criteria that are allowable by law, the fact that the applicant or insured is, has been, or may be the subject of domestic violence shall be irrelevant.
(d)CA Insurance Code § 676.9(d) For purposes of this section, information that indicates that a person is, has been, or may be a victim of domestic violence is personal information within the meaning of Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2.
(e)CA Insurance Code § 676.9(e) No insurer that issues policies subject to this section, and no person employed by or under contract with an insurer that issues policies subject to this section, shall request any information the insurer or person knows or reasonably should know relates to acts of domestic violence or an applicant’s or insured’s status as a victim of domestic violence, or make use of this information however obtained, except for the limited purpose of complying with legal obligations, verifying a person’s claim to be a subject of domestic violence, or cooperating with a victim of domestic violence in seeking protection from domestic violence or facilitating the treatment of a domestic violence-related medical condition. This subdivision does not prohibit an insurer from asking an applicant or insured about a property and casualty claim, even if the claim is related to domestic violence, or from using information thereby obtained in evaluating and carrying out its rights and duties under the policy, to the extent otherwise permitted by this section and other applicable law.
(f)CA Insurance Code § 676.9(f) As used in this section, “domestic violence” means domestic violence as defined in Section 6211 of the Family Code.

Section § 676.10

Explanation

This section protects certain nonprofit organizations and reproductive health service facilities from having their insurance policies unfairly canceled or non-renewed due to claims resulting from hate crimes or anti-reproductive rights crimes. Specifically, insurance companies cannot charge excessive premiums or discriminate against these organizations solely because such claims were filed within the past 60 months. Hate crimes may include acts of violence or property damage committed due to the victim's race, color, religion, and other identified characteristics, while anti-reproductive rights crimes relate to violations affecting reproductive health services. If an insurer cancels or doesn’t renew a policy after such a claim, they must inform the insurance commissioner. Violations of this law are considered unfair practices.

(a)CA Insurance Code § 676.10(a) This section applies to policies covered by Section 675, 675.5, or 676.5 if the insured is a religious organization described in clause (i) of subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of the United States Code, an educational organization described in clause (ii) of subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of the United States Code, or other nonprofit organization described in clause (vi) of subparagraph (A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of the United States Code that is organized and operated for religious, charitable, or educational purposes, or a reproductive health services facility, as defined in subdivision (h) of Section 423.1 of the Penal Code, or its administrative offices.
(b)CA Insurance Code § 676.10(b) No insurer issuing policies subject to this section shall cancel or refuse to renew the policy, nor shall any premium be excessive or unfairly discriminatory solely on the basis that one or more claims has been made against the policy during the preceding 60 months for a loss that is the result of a hate crime committed against the person or property of the insured, or an antireproductive rights crime.
(c)CA Insurance Code § 676.10(c) As it relates to this section, if determined by a law enforcement agency, a “hate crime” may include any of the following:
(1)CA Insurance Code § 676.10(c)(1) By force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics. However, the foregoing offense does not include speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.
(2)CA Insurance Code § 676.10(c)(2) Knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, because of the other person’s race, color, religion, ancestry, national origin, disability, gender, gender identity, gender expression, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics.
(d)CA Insurance Code § 676.10(d) As it relates to this section, if determined by a law enforcement agency, “anti-reproductive-rights crime” shall have the meaning set forth in subdivision (a) of Section 13776 of the Penal Code, and shall also include a violation of subdivision (e) of Section 423.2 of the Penal Code, if the crime results in a covered loss under a policy subject to this section.
(e)CA Insurance Code § 676.10(e) Upon cancellation of or refusal to renew a policy subject to this section after an insured has submitted a claim to the insurer that is the result of a hate crime committed against the person or property of the insured, or an anti-reproductive-rights crime, the insurer shall report the cancellation or nonrenewal to the commissioner.
(f)CA Insurance Code § 676.10(f) A violation of this section shall be an unfair practice subject to Article 6.5 (commencing with Section 790) of Chapter 1 of Division 2.
(g)CA Insurance Code § 676.10(g) Nothing in this section shall prevent an insurer subject to this section from taking any of the actions set forth in subdivision (b) on the basis of criteria not otherwise made invalid by this section or any other act, regulation, or law.

Section § 676.75

Explanation

This law states that insurance companies offering homeowner's or tenant’s policies cannot deny applications or cancel insurance simply because an applicant or policyholder is involved in foster home activities. Policies must provide the same coverage for foster children as they do for biological children, but they don’t automatically include coverage for injuries from vehicles unless it's specified in the policy.

Additionally, these policies cannot include liability coverage for certain situations, like damages related to foster care services, alienation of affection of a foster child, immoral conduct leading to sexual acts, or intentional crimes by foster parents. There were no penalties for breaching this law before January 1, 2013.

Insurance companies can offer special endorsements or separate policies to cover certain foster care claims that are not generally included under the standard policy terms.

(a)CA Insurance Code § 676.75(a) No admitted insurer, licensed to issue and issuing homeowner’s or tenant’s policies, as described in Section 122, shall (1) fail or refuse to accept an application for that insurance or to issue that insurance to an applicant or (2) cancel that insurance, solely on the basis that the applicant or policyholder is engaged in foster home activities in a certified family home, as defined in Section 1506 of the Health and Safety Code.
(b)CA Insurance Code § 676.75(b) Coverage under policies described in subdivision (a) with respect to a foster child shall be the same as that provided for a natural child. However, unless specifically provided in the policy, there shall be no coverage expressly provided in the policy for any bodily injury arising out of the operation or use of any motor vehicle, aircraft, or watercraft owned or operated by, or rented or loaned to, any foster parent.
(c)CA Insurance Code § 676.75(c) It is against public policy for a policy of homeowner’s or tenant’s insurance subject to this section to provide liability coverage for any of the following losses:
(1)CA Insurance Code § 676.75(c)(1) An insurer shall not be liable, under a policy of insurance subject to this section, to any governmental agency for damage arising from occurrences peculiar to the foster care relationship and the provision of foster care services.
(2)CA Insurance Code § 676.75(c)(2) Alienation of affection of a foster child.
(3)CA Insurance Code § 676.75(c)(3) Any loss arising out of licentious, immoral, or sexual behavior on the part of a foster parent intended to lead to, or culminating in, any sexual act.
(4)CA Insurance Code § 676.75(c)(4) Any loss arising out of a dishonest, fraudulent, criminal, or intentional act.
(d)CA Insurance Code § 676.75(d) There shall be no penalty for violations of this section prior to January 1, 2013.
(e)CA Insurance Code § 676.75(e) Insurers may provide a special endorsement to a homeowner’s or tenant’s policy covering claims related to foster care that are not excluded by subdivision (c).
(f)CA Insurance Code § 676.75(f) Insurers may provide by a separate policy for some or all of the claims related to foster care that are excluded by subdivision (c).

Section § 677

Explanation

Insurance policies can be canceled, but if your insurer cancels, they must send you a written notice with details. The notice should be mailed to you either at the address shown on your policy or the last one they have for you. This notice must tell you why the cancellation is happening by mentioning which rule from an earlier section is being used.

The insurer also has to tell you specific reasons and share any personal information that led to the decision, along with a summary of your rights. After July 1, 2020, they must inform you that you can have their decision reviewed if you think it's wrong. They should give you contact details for the California Department of Insurance for assistance.

If there’s a lienholder involved, they can get their copy of the notice through various electronic means if they agree to it.

(a)CA Insurance Code § 677(a) All notices of cancellation shall be in writing, mailed to the named insured at the address shown in the policy, or to the insured’s last known address, and shall state, with respect to policies in effect after the time limits specified in Section 676, all of the following:
(1)CA Insurance Code § 677(a)(1) Which of the grounds set forth in Section 676 is relied upon.
(2)CA Insurance Code § 677(a)(2) In accordance with the requirements of subdivisions (a) and (e) of Section 791.10, the specific information supporting the cancellation, the specific items of personal and privileged information that support those reasons, if applicable, and corresponding summary of rights.
(3)CA Insurance Code § 677(a)(3) On or after July 1, 2020, a notification that if the policyholder believes the policy has been wrongfully canceled, the policyholder may have the matter reviewed by the department. The notification shall include the department’s internet website, www.insurance.ca.gov, the department’s telephone number, 1-800-927-HELP (4357), and the mailing address of the department’s Consumer Services Division, 300 South Spring Street, Los Angeles, CA 90013.
(b)CA Insurance Code § 677(b) For purposes of this section, a lienholder’s copy of those notices shall be deemed mailed if, with the lienholder’s consent, it is delivered by electronic transmittal, facsimile, or personal delivery.

Section § 677.2

Explanation

This law explains how insurance companies in California must notify policyholders if their insurance policy is going to be canceled. The notice must be in writing and sent to both the insurance agent and the policyholder, unless the agent is an employee of the insurer. The notice must include the cancellation date and reasons for cancellation. Typically, insurers must provide at least 30 days' notice before cancellation. However, if the policy is being canceled due to unpaid premiums or fraud, only 10 days' notice is required. Additionally, if the commissioner needs to approve the cancellation, the notice must state this and be sent at least 30 days ahead of time. These rules only apply to certain types of insurance policies as specified in Section 675.5.

(a)CA Insurance Code § 677.2(a) This section applies only to policies covered by Section 675.5.
(b)CA Insurance Code § 677.2(b) A notice of cancellation shall be in writing and shall be delivered or mailed to the producer of record, provided that the producer of record is not an employee of the insurer, and to the named insured at the mailing address shown on the policy. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed.
The notice of cancellation shall include the effective date of the cancellation and the reasons for the cancellation.
(c)CA Insurance Code § 677.2(c) The notice of cancellation shall be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice of a proposed cancellation pursuant to subdivision (d) of Section 676.2 given prior to a finding of the commissioner shall satisfy the requirements of this section if it is given no less than 30 days prior to the effective date of the cancellation and if it states that cancellation will be effective only upon the approval of the commissioner.
(d)CA Insurance Code § 677.2(d) This section applies only to cancellations pursuant to Section 676.2.

Section § 677.4

Explanation

This law outlines the rules for canceling an insurance policy. If an insurer wants to cancel a policy, they must notify the policyholder at least 20 days before the cancellation takes effect. However, if the cancellation is due to not paying premiums or fraud, the notice must be given at least 10 days before. If the notice is sent by mail, specific mailing procedures also apply.

A notice of cancellation with respect to a policy covered under Section 675 shall be delivered at least 20 calendar days prior to the effective date of the cancellation, except that in the case of a cancellation for nonpayment of premiums, or for fraud, the notice shall be given at least 10 calendar days prior to the effective date of the cancellation. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed.

Section § 678

Explanation

This law requires insurers to send a renewal offer or a nonrenewal notice to policyholders at least 45 days before a policy expires. If there is a nonrenewal, the notice must provide reasons, contact information for inquiries, and options for consumers to contact the state's insurance department. If these notices are not properly given, the policy continues unchanged for an additional period. For policies ending after July 1, 2020, specific timelines are provided for nonrenewal notices, including a 75-day notice requirement. There's also information on resources for finding home insurance and what to do if you struggle to get coverage. The policy applies to certain types of insurance and includes details on using the FAIR Plan as a last resort for basic property coverage. An additional insurance policy may be needed for full coverage not provided by the FAIR Plan.

(a)Copy CA Insurance Code § 678(a)
(1)Copy CA Insurance Code § 678(a)(1) At least 45 days before the policy expiration, an insurer shall deliver to the named insured or mail to the named insured at the address shown in the policy, either of the following:
(A)CA Insurance Code § 678(a)(1)(A) An offer of renewal of the policy contingent upon payment of premium as stated in the offer, stating each of the following:
(i)CA Insurance Code § 678(a)(1)(A)(i) Any reduction of limits or elimination of coverage. That reduction of limits or elimination of coverage shall identify the specific limits being reduced or coverage being eliminated by the offer of renewal. The elimination of coverage for the previously covered peril of fire shall be subject to subdivision (b) of Section 10103.6.
(ii)CA Insurance Code § 678(a)(1)(A)(ii) The telephone number of the insurer’s representatives who handle consumer inquiries or complaints. The telephone number shall be displayed prominently in a font size consistent with the other text of the renewal offer.
(B)CA Insurance Code § 678(a)(1)(B) A notice of nonrenewal of the policy. That notice shall contain all of the following:
(i)CA Insurance Code § 678(a)(1)(B)(i) The specific reason or reasons for the nonrenewal.
(ii)CA Insurance Code § 678(a)(1)(B)(ii) The telephone number of the insurer’s representatives who handle consumer inquiries or complaints. The telephone number shall be displayed prominently in a font size consistent with the other text of the notice of nonrenewal.
(iii)CA Insurance Code § 678(a)(1)(B)(iii) Until July 1, 2020, a brief statement indicating that if the consumer has contacted the insurer to discuss the nonrenewal and remains unsatisfied, the consumer may have the matter reviewed by the department. The statement shall include the telephone number of the unit within the department that responds to consumer inquiries and complaints.
(iv)CA Insurance Code § 678(a)(1)(B)(iv) On or after July 1, 2020, a statement that if the consumer has contacted the insurer to discuss the nonrenewal and remains unsatisfied, the consumer may have the matter reviewed by the department. The statement shall include the department’s internet website, www.insurance.ca.gov, the department’s telephone number, (800) 927-HELP (4357), and the mailing address of the department’s Consumer Services Division, 300 S. Spring Street, Los Angeles, CA 90013.
(2)CA Insurance Code § 678(a)(2) On and after July 1, 2022, the time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if an offer or notice is mailed.
(b)CA Insurance Code § 678(b) If an insurer fails to give the named insured either an offer of renewal or notice of nonrenewal as required by this section, the existing policy, with no change in its terms and conditions, shall remain in effect for 45 days from the date that either the offer to renew or the notice of nonrenewal is delivered or mailed to the named insured. A notice to this effect shall be provided by the insurer to the named insured with the policy or the notice of renewal or nonrenewal.
(c)CA Insurance Code § 678(c) Notwithstanding subdivisions (a) and (b), with respect to a notice of nonrenewal for a policy that expires on or after July 1, 2020, the following timelines apply:
(1)CA Insurance Code § 678(c)(1) At least 75 days before the policy expiration, the insurer shall deliver the notice of nonrenewal to the named insured or mail the notice of nonrenewal to the named insured at the address shown in the policy. The notice shall include the information contained in subparagraph (B) of paragraph (1) of subdivision (a). On and after July 1, 2022, the time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if a notice is mailed.
(2)CA Insurance Code § 678(c)(2) If an insurer fails to give the named insured a notice of nonrenewal at least 75 days before the policy expiration, as required by paragraph (1), the existing policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the named insured. A notice to this effect shall be provided by the insurer to the named insured with the notice of nonrenewal.
(d)CA Insurance Code § 678(d) A policy written for a term of less than one year shall be considered as if written for a term of one year. A policy written for a term longer than one year, or a policy with no fixed expiration date, shall be considered as if written for successive policy periods or terms of one year.
(e)CA Insurance Code § 678(e) A notice of nonrenewal for a residential property insurance policy expiring on or after July 1, 2021, shall be accompanied by the following notice:
The California Department of Insurance has developed the California Home Insurance Finder, an online tool that can assist you in obtaining insurance for your home. The Finder contains names, addresses, telephone numbers, and internet website links of licensed insurance agents, brokers, and insurance companies that may be able to sell insurance to you. The Finder is organized by ZIP Code and the languages in which the agent, broker, or insurance company sells insurance.
The California FAIR Plan (FAIR Plan) provides basic property insurance as the “insurer of last resort” if you cannot find insurance coverage for your property in the normal (voluntary) insurance market. The FAIR Plan provides basic property insurance coverage for residential structures, as well as personal property coverage for residential and business occupancies. However, FAIR Plan policies may not cover liability, theft, or water damage, among other things. There are also optional coverages available for both residential properties. Applications can be made directly with the FAIR Plan (cfpnet.com), although the FAIR Plan strongly encourages use of a licensed agent or broker for assistance in preparing and obtaining a quote. There is no additional cost for using an agent or broker for purchasing a FAIR Plan policy.
California law requires an agent or broker to assist a person seeking a FAIR Plan policy by (1) submitting a coverage application to the FAIR Plan on behalf of the consumer, (2) providing the consumer the FAIR Plan’s internet website address and toll-free telephone number, or (3) obtaining a policy for the consumer through an admitted or nonadmitted insurer.
To supplement a FAIR Plan policy, a Difference in Conditions (DIC) policy should be considered. A DIC policy is sold by some private insurers, and provides coverage for things not covered by the basic property insurance policy provided by the FAIR Plan. A consumer who wants broader coverage than that provided by the FAIR Plan policy should contact an agent, broker, or insurance company that offers a DIC policy to obtain this additional coverage. The Department of Insurance maintains a list of insurance companies that sell DIC policies on its internet website (insurance.ca.gov). Additional assistance may be obtained by contacting an agent or broker listed with the department’s online agent locator.
(f)CA Insurance Code § 678(f) An insurer may use a notice substantially similar to the notice set forth in subdivision (e) to the extent that the notice provides additional or more detailed information.
(g)CA Insurance Code § 678(g) This section applies only to policies of insurance specified in Section 675.

Section § 678.1

Explanation

This law details the rules for notifying businesses about nonrenewal or conditional renewal of commercial insurance policies. Insurance companies must give written notice of nonrenewal between 60 and 120 days before the policy ends, explaining why they're not renewing or outlining changes like increased rates. If they miss this deadline, the policy continues unchanged for 60 more days.

Specific conditions allow for nonrenewal without notice, such as when an insurer group transfers policies without changes, the insured gets new coverage, or policies are very short-term. This law also allows conditional renewal based on certain policy requirements. It became effective on January 1, 2019.

(a)CA Insurance Code § 678.1(a) This section applies only to policies of insurance of commercial insurance that are subject to Sections 675.5 and 676.6.
(b)CA Insurance Code § 678.1(b) A notice of nonrenewal shall be in writing and shall be delivered or mailed to the producer of record and to the named insured at the mailing address shown on the policy. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed.
(c)CA Insurance Code § 678.1(c) An insurer, at least 60 days, but not more than 120 days, in advance of the end of the policy period, shall give notice of nonrenewal, and the reasons for the nonrenewal, if the insurer intends not to renew the policy, or to condition renewal upon reduction of limits, elimination of coverages, increase in deductibles, or increase of more than 25 percent in the rate upon which the premium is based.
(d)CA Insurance Code § 678.1(d) If an insurer fails to give timely notice required by subdivision (c), the policy of insurance shall be continued, with no change in its terms or conditions, for a period of 60 days after the insurer gives the notice.
(e)CA Insurance Code § 678.1(e) With respect to policies defined in subdivision (b) of Section 676.6, in addition to the bases for conditional renewal set forth in subdivision (c), an insurer may also condition renewal upon requirements relating to the underlying policy or policies. If the requirements are not satisfied as of (1) the expiration date of the policy, or (2) 30 days after mailing or delivery of such notice, whichever is later, the conditional renewal notice shall be treated as an effective notice of nonrenewal, provided the insurer has sent written confirmation to the first named insured and the producer of record that the conditions were not met and that coverage ceased at the expiration date shown in the expiring policy.
(f)CA Insurance Code § 678.1(f) A notice of nonrenewal shall not be required in any of the following situations.
(1)CA Insurance Code § 678.1(f)(1) The transfer of, or renewal of, a policy without a change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group.
(2)CA Insurance Code § 678.1(f)(2) The policy has been extended for 90 days or less, if the notice required in subdivision (c) has been given prior to the extension.
(3)CA Insurance Code § 678.1(f)(3) The named insured has obtained replacement coverage or has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage.
(4)CA Insurance Code § 678.1(f)(4) The policy is for a period of no more than 60 days and the insured is notified at the time of issuance that it may not be renewed.
(5)CA Insurance Code § 678.1(f)(5) The named insured requests a change in the terms or conditions or risks covered by the policy within 60 days prior to the end of the policy period.
(6)CA Insurance Code § 678.1(f)(6) The insurer has made a written offer to the insured, within the time period specified in subdivision (c), to renew the policy under changed terms or conditions or at a changed premium rate. As used herein, “terms or conditions” includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles.
(g)CA Insurance Code § 678.1(g) This section shall become operative on January 1, 2019.

Section § 678.2

Explanation

This law states that for health care providers' professional liability insurance, the rule that prevents insurers from sending a nonrenewal notice more than 120 days before the policy ends does not apply. Essentially, insurers can notify these providers of nonrenewal on a different timeline.

The provisions of subdivisions (c) and (e) of Section 678.1 which prohibit notice of nonrenewal earlier than 120 days in advance of the end of the policy period shall not apply to professional liability policies issued to health care providers.

Section § 678.5

Explanation

If you have an insurance policy issued or renewed after January 1, 1990, it can't be canceled or refused for renewal just because of corrosive soil conditions, as long as the policy already excludes coverage for those conditions.

No policy specified in Section 675 that is issued, amended, or renewed on or after January 1, 1990, may be canceled, and an insurer may not refuse to renew such a policy solely on the grounds of corrosive soil conditions if the policy or renewal policy contains an existing exclusion for payment of loss for that peril.

Section § 679

Explanation

This law protects insurance companies, their employees, and insurance agents or brokers from being sued for statements they make about the cancellation of an insurance policy. However, if such statements are made maliciously and in bad faith, legal action can be taken. The protection covers written and oral communications, as well as statements made during court proceedings or inquiries regarding the policy cancellation.

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any insurer or its authorized representatives, agents, or employees, or any licensed insurance agent or broker, for any statement made, unless shown to have been made in bad faith with malice in fact, by any of them in (a) any written notice of cancellation or in any other oral or written communication specifying the reasons for cancellation, (b) any communication providing information pertaining to such cancellation, or (c) evidence submitted at any court proceeding or informal inquiry in which such cancellation is an issue.

Section § 679.5

Explanation

This law states that if an insurance company wants to cancel a policy or not renew it, they can simply prove they mailed a notice to the policyholder's address listed in the policy. This mailing is considered enough proof that they informed the policyholder as required by law.

Proof of mailing of a notice of cancellation and the reasons therefor or of intention not to renew to the named insured at the address shown in the policy shall be sufficient proof of the notice required by this chapter.

Section § 679.6

Explanation

This section gives the commissioner the power to make exceptions for certain types of insurance. If the commissioner finds that following the usual rules would make it harder to get the insurance or make it much more expensive, they can allow that insurance to be managed by surplus line brokers who work with nonadmitted insurers.

The commissioner may, after hearing, exempt from the provisions of this chapter insurance in respect to any risk or class of risk that is eligible under Section 1763 for placement with nonadmitted insurers by and through licensed surplus line brokers upon a finding by him that application of this chapter would diminish or tend to diminish the availability, or substantially increase the cost, of such insurance.

Section § 679.7

Explanation

If a policyholder, or their authorized agent or broker, requests, an insurance company must provide a report of the policyholder's premium and loss history for the current policy period or up to three years, whichever is shorter. This must happen within 10 business days if the policy is canceled, not renewed, the insurance rating drops significantly, or the insurer is under financial duress.

The rule applies mostly to commercial insurance, excluding professional liability policies. It doesn't apply to policyholders who already have regular access to their claims information through automated systems.

The loss history report includes details like claim dates and losses incurred or paid.

(a)CA Insurance Code § 679.7(a) Upon receiving a written request from an insured or the agent or broker of record where authorized by the insured, an insurer shall provide a premium and loss history report to the requesting party for the account’s tenure or the three-year period ending with the inception of the current policy period, whichever is shorter, plus loss experience during the current policy period that is in force if any of the following occur:
(1)CA Insurance Code § 679.7(a)(1) The policy is canceled or nonrenewed.
(2)CA Insurance Code § 679.7(a)(2) The policyholder requests the information within 60 days prior to the renewal date of an existing policy.
(3)CA Insurance Code § 679.7(a)(3) The policyholder’s current insurer’s rating is downrated by a nationally recognized insurance rating service to a financial rating below secure or good or to a rating that would negatively impact the ability of the policyholder to conduct its business operations.
(4)CA Insurance Code § 679.7(a)(4) The policyholder’s current insurer is conserved by the department under Section 1011, or is ordered to cease writing business under Sections 1065.1 and 1065.2.
The premium and loss history report, and the loss experience information for the current policy period, shall be provided within 10 business days of receiving the request.
(b)CA Insurance Code § 679.7(b) This section applies only to policies of commercial insurance that are subject to Sections 675.5 and 676.6, except for professional liability insurance.
(c)CA Insurance Code § 679.7(c) This section shall not apply to a policyholder who, through automated or other means, is provided direct, ongoing access to claims information by the insurer.
(d)CA Insurance Code § 679.7(d) For purposes of this section, a loss history report includes, but is not limited to, a list of individual claims detailed by date of claim and total incurred and paid losses.