The ContractThe Premium
Section § 480
This law means that as soon as whatever is being insured faces the risk it's covered for, the insurance company can demand the premium payment right away.
Section § 481
If you cancel, return, or end an insurance policy, you may get back some or all of your premium unless stated otherwise in the contract. If the insurer hasn't taken on any risk, you'll get the whole premium back. If you surrender a time-bound policy, you'll receive a portion of the premium for the time not covered, minus any claims. Certain insurance like auto and home can't demand a full premium payment just because an event occurs, unless the policy ends. Any policy that imposes cancellation fees must clearly state that to you, in writing, before you buy or renew the policy. This doesn't apply to marine insurance or to cancellations mentioned in another specific section of the law.
Section § 481.1
This law explains how temporary or implied insurance coverage can be canceled or ends. If a temporary insurance policy, like a conditional receipt or binder, is canceled by the insurer, it ends 10 days after they send a written notice to the policyholder in the mail. However, this temporary insurance must last for at least 30 days from when it’s issued unless it’s canceled earlier as outlined.
Section § 481.5
This law outlines how insurance companies must handle refunds when an insurance policy ends or coverage is reduced. For personal insurance policies like home or auto, any unused premium must be returned to the policyholder or their finance company within 25 business days. For other policies, the timeline is 80 business days unless there's an audit issue. If the refund is late, interest applies at 10% per year. Some flexibility is provided if the refund amount is small or if certain conditions in the policy permit alternative applications of the unearned premium. The insurer must explain how they calculate the refund and agents must pass on refunds promptly with interest penalties for delays.
Section § 482
If something you've insured against actually happens, and your insurance company has been on the hook for any length of time, you won't get back any premiums you paid for that specific risk unless section 481 or your insurance policy says otherwise.
Section § 483
If you have an insurance contract, you can get your premium money back in certain situations.
First, if the insurance contract is voidable due to the insurer's fraud or false statements, you are entitled to a refund.
Second, you can get a refund if the contract is voidable because of facts you didn't know about and couldn't have known.
Lastly, you can also get your premium back if the insurer didn’t take on any liability because of your mistake, as long as you didn’t commit fraud.
Section § 484
If an insurance policy states that the premium has been received, it means the policy is valid and in effect, even if the premium hasn't actually been paid yet. However, if you don't pay the premium, the insurance company can still cancel the policy, as long as they have the right to do so written in the policy.
Section § 485
If you have insurance from multiple companies and the total coverage exceeds the actual value of what is insured, you're entitled to get some of your premium money back. The amount you get back should be in proportion to the extra coverage you have beyond the value of what is insured.
Section § 486
This law deals with overinsurance, which occurs when more insurance coverage is purchased than needed. If there are multiple insurance policies taken at the same time that result in overinsurance, each insurance company must refund a portion of the premium based on how much they were insuring compared to the others.
Section § 487
If you have too much insurance because of multiple policies, only the insurance companies that are not responsible for payment due to previous coverage must refund some of your premium. The amount they have to return depends on how much their potential liability was reduced by earlier policies.
Section § 488
This law states that insurance companies can't raise the cost of car insurance because of traffic tickets received while someone was driving for work, as long as the driver provides a written statement declaring they were working at the time. However, this protection is only for people who drive their employer’s vehicles or those authorized as highway carriers.
There are exceptions, though. If the traffic conviction involves serious offenses like homicide, assault, or specific major Vehicle Code violations, the insurance company can raise the premium. Also, this doesn't apply to people insured under California's assigned risk plan.
Section § 488.5
This California insurance law prevents insurers from raising car insurance premiums for certain public safety employees solely because they had an accident while on duty. This includes peace officers, CHP members, firefighters, federal officers, and customs agents. If these individuals are driving an emergency vehicle or any employer-provided vehicle during work, or their own car for work purposes, insurers can't hike their premiums for accidents occurring in these scenarios.
Section § 489
When an insurance company issues a new policy, it must give the insured a notice explaining how their premium might increase due to accidents or traffic violations. At least 20 days before renewing the policy, the insurer must notify the insured of their rights to know about any premium increases due to such incidents.
This law also required insurers to inform policyholders on March 1, 1977, about how their rating plans could affect premiums due to accidents or violations. This specific requirement expired on March 1, 1978.
Section § 491
If you have car insurance and get into an accident that wasn't your fault, your insurance company can't raise your rates because of that accident. If the insurer thinks you're at fault despite a report saying otherwise, they must investigate before deciding.