The ContractCancellation and Failure to Renew Certain Property Insurance
Section § 675
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.
Section § 675.1
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.
Section § 675.5
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.
Section § 676
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.
Section § 676.1
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.
Section § 676.2
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.
Section § 676.3
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.
Section § 676.4
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.
Section § 676.5
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.
Section § 676.6
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.
Section § 676.7
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.
Section § 676.8
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.
Section § 676.9
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.
Section § 676.10
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.
Section § 676.75
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.
Section § 677
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.
Section § 677.2
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.
Section § 677.4
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.
Section § 678
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.
Section § 678.1
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.
Section § 678.2
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.
Section § 678.5
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.
Section § 679
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.
Section § 679.5
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.
Section § 679.6
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.
Section § 679.7
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.