The ContractClasses of Insurance
Section § 100
This section lists the different types of insurance available in California. These include, among others, life insurance, fire insurance, marine insurance, title insurance, surety insurance, and disability insurance. Other types you can find are plate glass insurance, workers' compensation, liability insurance, and insurance for automobiles and aircrafts. Additionally, there are provisions for mortgage guaranty, insolvency coverage, legal insurance, and several miscellaneous categories.
Section § 101
Life insurance in this section refers to insurance that covers people's lives and also includes activities related to annuities, such as granting, buying, or selling them.
Section § 102
This law describes what fire insurance covers. It includes protection against damages caused by fire, lightning, windstorms, tornadoes, and earthquakes. Additionally, it covers the loss or damage of certain valuable items, like important business documents and money, when fire is a factor, but excludes items while in the custody of carriers for hire. Personal property, excluding merchandise, can also be insured against loss or damage through an all-risk policy known as a 'Personal Property Floater.' Specific details and exceptions to certain fraudulent activities are noted, and some standard provisions don't apply to these insurance types.
Section § 103
This section defines what is covered under marine insurance. Basically, it includes protection against loss or damage to various vehicles like ships and aircraft, and all sorts of cargo and goods during their transportation. It also covers liabilities connected to the construction and upkeep of these items (but not life insurance or surety bonds), and it includes things like precious metals and jewels, whether they're being transported or not. Additionally, inland marine insurance covers certain pleasure crafts, but not commercial ones.
Section § 104
Title insurance protects property owners and others with an interest in real or personal property from financial loss due to certain issues with the property's title. These issues can include existing liens or claims against the property, problems that make these liens or claims unenforceable, and mistakes in the search process regarding the property's title.
Section § 105
This section defines what qualifies as surety insurance. Firstly, it covers guaranteeing a person's behavior or the performance of contracts, like bonds required in legal actions, excluding payments secured by real estate mortgages or liens. Secondly, it includes insurance against losses from forgery or alterations of documents. Thirdly, it involves insurance that protects against the loss or destruction of financial instruments, documents, valuables, and property due to burglary or theft (but not fire), as long as it's included with behavioral or performance guarantees in certain contracts. Finally, surety insurance cannot include anything classified as financial guaranty insurance according to another specific law.
Section § 106
This law defines what is included under 'disability insurance' and 'health insurance' in California and specifies what is not considered health insurance. Disability insurance covers situations like injuries or sicknesses that cause disability or death. Health insurance, for laws effective from January 1, 2002, means disability insurance policies covering hospital, medical, or surgical benefits but excludes types like accidental death, certain disability insurances, and workers' compensation. It also defines 'specialized health insurance' for laws effective from January 1, 2008, as insurance for specific health areas like dental, vision, or behavioral health.
Section § 107
This law states that plate glass insurance covers damage when glass breaks.
Section § 108
This law section outlines what liability insurance covers. It includes insurance against losses from injuries or property damage but excludes worker’s compensation, common carrier liability, boiler and machinery insurance, and team and vehicle insurance. It can also cover medical or funeral expenses, disability benefits for automobile accidents, and other disability benefits when linked to a liability policy. It covers injuries from accidents caused by others who don't have liability insurance themselves. Additionally, it includes coverage against legal liabilities, such as malpractice by professionals licensed under specific state codes. However, the standard provisions for disability insurance don't apply to the insurance types defined in this section.
Section § 108.1
If an insurance company is allowed to offer liability insurance in California, it can also offer workers' compensation insurance for specific individuals classified as employees by another part of the law.
Section § 109
This law explains that workers' compensation insurance covers employers when they are legally required to compensate employees and their dependents for job-related injuries. This applies regardless of who is at fault or negligent.
Section § 110
This law specifies that common carrier liability insurance covers losses that result from a common carrier's responsibility for any accidents or injuries, whether fatal or not, to any person. However, it does not cover liability or workers' compensation insurance.
Section § 111
This law defines 'boiler and machinery insurance' as coverage for damages to property and liability for any injuries or damage to people or property caused by explosions or accidents involving items like boilers, tanks, pipes, pressure vessels, engines, wheels, and electrical machinery or related equipment.
Section § 112
This section explains what burglary insurance covers. It includes protection against losses from burglary or theft. This insurance can also cover losses or damages to certain valuable items, like money, coins, documents, and records, due to various causes, as long as they are not in the care of a carrier for hire or the mail. Additionally, it mentions all-risk policies, often called 'Personal Property Floaters', which cover a wide variety of personal property losses, excluding merchandise.
Section § 113
This law explains that credit insurance is a type of coverage for businesses that protects them against financial loss when customers fail to pay their debts. It specifically covers losses due to customers not fulfilling their payment obligations. However, it's important to note that if the insurance fits the definition of financial guaranty insurance, as described in another section, it cannot be classified as credit insurance.
Section § 114
This law section defines sprinkler insurance. It covers damage from water to goods or buildings because of broken or leaking sprinklers, pumps, or other fire-extinguishing equipment. It also includes losses from broken or leaking water pipes and accidental damage to such equipment.
Section § 115
Team and vehicle insurance covers damages or legal responsibilities for property damage caused by using teams or vehicles (not including ships or trains) due to events like accidents, collisions, or engine explosions. It also covers the theft of the entire vehicle or its parts.
Section § 116
This section explains what is considered automobile insurance in California. It includes coverage for car owners, users, and dealers against risks related to owning and using a car, excluding injuries or death from accidents. It also covers contracts that guarantee service, repairs, or replacements of vehicle parts in case of damage or loss, even from wear and tear or depreciation. Additionally, any agreement promising repair or replacement after a breakdown at no or reduced cost is included unless it's a specific vehicle service contract. If someone tries to conduct similar business to evade these rules, it still counts as doing insurance business.
Section § 116.6
This law clarifies that warranties for vehicle protection products are considered express warranties, not insurance, if certain conditions are met. The warrantor must have an insurance policy covering all obligations under the warranty, allowing direct claims to the insurer if the warrantor doesn't pay within 60 days. Warrantors can’t use insurance-like language in their materials, and the warranty must be issued to someone with comprehensive vehicle insurance. The warranty must detail coverage, the claim process, and include specific disclosures about its nature as a warranty, not insurance. If the warrantor fails to meet these requirements, they could face regulatory actions. Exemptions apply to vehicle manufacturers or distributors and warranties covering only the repair or replacement of protection products.
Section § 118
This law covers insurance for aircraft owners, users, dealers, and anyone with an interest in an aircraft. It protects against losses related to owning, maintaining, operating, and using an aircraft, but it doesn't cover accidents or injuries to people.
Section § 119
Mortgage guaranty insurance is a type of insurance that protects against losing money if someone fails to make payments on a loan that's secured by real estate, like a mortgage or a deed of trust. This insurance covers unpaid principal, interest, and other agreed-upon payments.
Section § 119.5
This law defines insolvency insurance as coverage that protects against losses when an insurance company can't fulfill its policy obligations due to going bankrupt.
Section § 119.6
This law defines legal insurance as an agreement to cover part or all of legal fees and expenses for services led by a licensed attorney in the U.S. However, there are exceptions that do not count as legal insurance. These include retainer contracts between lawyers and clients, plans only offering consultations or advice, voluntary or informal plans for simple issues, legal aid by unions for employment matters, and legal help tied to other insurance. The law also notes that this list doesn't cover all non-insurance legal service plans.
Section § 120
This section defines 'miscellaneous insurance' as covering various types of losses. It includes insurance for damage from natural events like lightning, windstorms, tornadoes, and earthquakes. It also covers losses related to the interruption or cancellation of productions or events, such as films or sports, due to key individuals being unable to perform because of death, injury, or illness. Additionally, it allows for insurance that doesn't fit into other specific categories but is still valid for insurance purposes.
Section § 121
This section clarifies that when different types of insurance are listed under a certain category, it doesn't mean they belong only there. Insurance types can change categories based on the subject, risk, and related insurance connections. However, placing similar types in different categories doesn't change the definition of those categories.
Section § 122
This statute lets insurers who are already approved to offer certain types of insurance add extra coverage to policies that include fire coverage. The extra coverage can only be for noncommercial properties like homes with up to four families, and it includes protection from things like theft or damage to personal belongings. It applies to personal items, small boats, farm tools, and horses, but excludes workers' compensation. This allows insurers to bundle different kinds of insurance together under one policy, making it simpler for homeowners to get comprehensive coverage.
Section § 123
This law states that insurance companies, which are allowed to provide liability insurance, can also cover liability for property damage caused by the use of teams (like horses) or vehicles on noncommercial or farm sites, as defined by a related section.
Section § 124
This section defines "financial guaranty insurance" by referring to another section, Section 12100, for its specific meaning.
Section § 124.5
This section defines 'homeowners' insurance' as a type of insurance that covers certain specific risks outlined in another part of the law, specifically subdivision (a) of Section 675.