Section § 480

Explanation

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.

An insurer is entitled to payment of the premium as soon as the subject matter insured is exposed to the peril insured against.

Section § 481

Explanation

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.

(a)CA Insurance Code § 481(a) Unless the insurance contract otherwise provides, a person insured is entitled to a return of his or her premium if the policy is canceled, rejected, surrendered, or rescinded, as follows:
(1)CA Insurance Code § 481(a)(1) To the whole premium, if the insurer has not been exposed to any risk of loss.
(2)CA Insurance Code § 481(a)(2) When the insurance is made for a definite period of time and the insured surrenders his or her policy, to that proportion of the premium as corresponds with the unexpired time, after deducting from the whole premium any claim for loss or damage under the policy that has previously accrued. The provisions of Section 482 apply only to the expired time.
(b)CA Insurance Code § 481(b) No contract for individual motor vehicle liability or homeowners’ multiple-peril insurance may contain a provision that mandates that the premium for the policy shall be fully earned upon the happening of any contingency except the expiration of the policy itself. This subdivision shall not apply to policy fees or membership fees.
(c)Copy CA Insurance Code § 481(c)
(1)Copy CA Insurance Code § 481(c)(1) Any insurance policy that includes a provision to refund premium other than on a pro rata basis, including the assessment of cancellation fees, shall disclose that fact in writing, including the actual or maximum fees or penalties to be applied, which may be stated in the form of percentages of the premium. The disclosure shall be provided prior to, or concurrent with, the application and prior to each renewal to which the policy provision applies. For purposes of this subdivision, an insurer offering workers’ compensation insurance, as defined in Section 109, may provide the disclosure with the quote offering insurance to the consumer prior to the consumer accepting the quote in lieu of disclosure prior to, or concurrent with, the application. Disclosure shall not be required if the policy provision permits, but does not require, the insurer to refund premium other than on a pro rata basis, and the insurer refunds premium on a pro rata basis.
(2)CA Insurance Code § 481(c)(2) If an application is made by telephone, the disclosure shall be mailed to the applicant or insured within five business days.
(3)CA Insurance Code § 481(c)(3) The disclosure may be made electronically pursuant to Section 38.6 in lieu of being mailed.
(4)CA Insurance Code § 481(c)(4) This section does not apply to cancellations that are calculated subject to paragraph (2) of subdivision (g) of Section 673.
(d)CA Insurance Code § 481(d) This section shall not apply to policies of ocean marine insurance. For purposes of this section, “ocean marine insurance” means insurance of vessels or crafts, their cargos, marine builders’ risks, marine protection and indemnity, or other risks commonly insured under marine insurance governed by the provisions of Chapter 1 (commencing with Section 1880) of Part 1 of Division 2, and as distinguished from inland marine insurance policies.
(e)CA Insurance Code § 481(e) The disclosure requirements of subdivision (c) shall be prospective and shall apply only to policies issued or renewed on or after January 1, 2012.
(f)CA Insurance Code § 481(f) Nothing in this section shall require any additional disclosure of a fee or penalty for early cancellation if that disclosure is required by any other law.

Section § 481.1

Explanation

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.

(a)CA Insurance Code § 481.1(a) In the event any conditional receipt, binder, or other evidence of temporary or implied insurance, except ocean marine insurance as defined in Section 481 and those classes of insurance as defined in Sections 101, 104, and 106, is canceled, rejected, or surrendered by the insurer, the coverage thereby extended shall terminate 10 days after written notice to the named insured is deposited, properly addressed with postage prepaid, with the United States Postal Service.
(b)CA Insurance Code § 481.1(b) Any conditional receipt, binder, or other evidence of temporary or implied insurance described in subdivision (a) shall remain in force for a period of at least 30 days from the date of its issuance unless sooner canceled, rejected, or surrendered pursuant to the provisions of subdivision (a).

Section § 481.5

Explanation

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.

(a)CA Insurance Code § 481.5(a) Whenever a policy of personal lines insurance terminates for any reason, or there is a reduction in coverage, the insurer shall tender the gross unearned premium resulting from the termination, or the amount of the unearned premium generated by the reduction in coverage, to the insured or, pursuant to Section 673, to the insured’s premium finance company. The gross unearned premium shall be tendered within 25 business days after the insurer either receives notice of the event that generated the gross unearned premium, or receives notice from a premium finance company of a cancellation.
(b)Copy CA Insurance Code § 481.5(b)
(1)Copy CA Insurance Code § 481.5(b)(1) Whenever a policy other than a policy of personal lines insurance terminates for any reason, or there is a reduction in coverage, the gross unearned premium shall be tendered to the insured or, pursuant to Section 673, to the insured’s premium finance company. If the policy is not auditable, the gross unearned premium shall be tendered within 80 business days after the insurer either receives notice of the event that generated the gross unearned premium, or receives notice from a premium finance company of a cancellation. If the policy is auditable, the gross unearned premium shall be tendered within 80 business days after the insured provides all requested audit information to the insurer or the insurer’s designee.
(2)CA Insurance Code § 481.5(b)(2) Notwithstanding paragraph (1), an insurer shall not be required to tender the unearned premium within 80 business days if the final unearned premium amount cannot be determined due to the insured’s failure, in breach of a policy requirement, to cooperate with the insurer in a premium audit, or if the amount of the unearned premium determined by a premium audit remains in dispute.
(c)CA Insurance Code § 481.5(c) An insurer may tender gross or net unearned premium to an agent or broker, or net unearned premium to a finance company, but shall remain liable to the insured or finance company for payment of any portion of the gross unearned premium that the agent or broker fails to remit to the insured or premium finance company.
(d)CA Insurance Code § 481.5(d) Any unearned premium that an insurer fails to tender within the time periods specified in subdivisions (a) and (b) shall bear interest at the rate of 10 percent per annum from and after the date on which the unearned premium was required to be tendered. For the purposes of this section, the tender of any unearned premium to the insured or premium finance company shall be deemed complete upon the deposit of the unearned premium in the United States mail, prepaid, addressed to the named insured or premium finance company at the last known address, or to an agent or broker with an assignment pursuant to paragraph (1) of subdivision (g).
(e)CA Insurance Code § 481.5(e) For the purpose of this section, the following definitions apply:
(1)CA Insurance Code § 481.5(e)(1) “Gross unearned premium” means the unearned portion of the full amount of the premium charged to the insured, including the unearned portion of any amount of the premium the insurer allocated to an agent or broker as commission.
(2)CA Insurance Code § 481.5(e)(2) “Net unearned premium” means the gross unearned premium minus the unearned commission.
(3)CA Insurance Code § 481.5(e)(3) “Policy of personal lines insurance” means an insurance policy that is designed for and bought by individuals, and includes, but is not limited to, homeowners’ and automobile policies.
(f)CA Insurance Code § 481.5(f) The interest penalty required by this section shall not apply to any insurer in conservatorship or liquidation, nor shall this insurer be subject to any other penalty for failure to remit unearned premium in accordance with the time periods required by this section.
(g)Copy CA Insurance Code § 481.5(g)
(1)Copy CA Insurance Code § 481.5(g)(1) An assignment by an insured to an agent or broker of the insured’s right to receive unearned premium shall be valid only for the purpose set forth in Section 1735.5.
(2)CA Insurance Code § 481.5(g)(2) If the insured notifies the insurer, 25 or more days after the insurer’s tender of unearned premium to an agent or broker with an assignment pursuant to paragraph (1), that the agent or broker has failed to issue to the insured an accounting of an offset permitted by Section 1735.5, the insurer shall, within an additional 15 days, either tender the unearned premium directly to the insured or provide the insured with the agent’s or broker’s accounting of the offset permitted by Section 1735.5.
(3)CA Insurance Code § 481.5(g)(3) Whenever an insurer tenders the net rather than gross unearned premium to an agent or broker or premium finance company, the insurer shall contemporaneously notify the agent or broker of the amount of the unearned commission.
(4)CA Insurance Code § 481.5(g)(4) If an insurer elects to tender the net rather than the gross unearned premium to a premium finance company, the insurer shall document that the agent or broker tendered unearned commission to the premium finance company within the period required under subdivision (a) or (b) after the insurer either receives notice of the event that generated the unearned premium, or receives notice from a premium finance company of a cancellation.
(h)CA Insurance Code § 481.5(h) Whenever an agent or broker receives a refund from a premium finance company, the agent or broker shall tender that money to the insured within 25 days. Whenever an agent or broker with an assignment from the insured receives unearned premium from an insurer, the agent or broker shall account to the insured for any offset permitted by Section 1735.5 within 25 days. If the agent or broker fails to tender payment of any remaining unearned premium after the offset within 25 days, the agent or broker shall pay the insured interest at the rate of 10 percent per annum from and after the 26th day after the agent or broker receives the refund.
(i)CA Insurance Code § 481.5(i) In addition to the required unearned premium refund, an insurer shall provide both the insured and the agent or broker, upon the request of either, with an accounting and explanation of how the amount of the refund was calculated. The explanation shall be clear, concise, and easy to comprehend. The commissioner may adopt regulations setting forth standards to govern this subdivision.
(j)CA Insurance Code § 481.5(j) For purposes of subdivisions (a) to (c), inclusive, if the unearned premium is not assigned as security to a premium finance agency pursuant to a premium finance agreement and the amount of unearned premium is less than twenty-five dollars ($25), tender of unearned premium shall include applying the amount of unearned premium either to the renewal premium at the next renewal date or to other premiums due, provided written notice of either application is given to the insured within 30 days after the endorsement, rejection, declination, cancellation, or surrender of a policy of insurance. At the time of endorsement or surrender of a policy of insurance or, within 15 days after the mailing of the written notice required by this subdivision, the insured may request in writing that the unearned premium be tendered as provided in subdivisions (a) to (c), inclusive. Whenever the amount of unearned premium is less than five dollars ($5), tender shall be effective and the written notice required by this subdivision shall not be required if the unearned premium is applied either to the renewal premium at the next renewal date or to other premiums due.
(k)CA Insurance Code § 481.5(k) Notwithstanding subdivisions (a) to (c), inclusive, an insurer may at any time solicit the insured’s consent, or may in its policy reserve the right, to apply the unearned premium generated by an amendment or endorsement removing or reducing coverage for an insured person or property to the balance owed on the policy as a whole, rather than tendering a refund of the unearned premium. This subdivision shall not apply if the unearned premium is assigned as security to a premium finance company.
(l)CA Insurance Code § 481.5(l) The amount of unearned premium required to be refunded by an insurer pursuant to this section shall not exceed the amount paid to the insurer by the insured or by a premium finance company.

Section § 482

Explanation

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.

Except as provided by section 481, or by the insurance contract, if a peril insured against has existed, and the insurer has been liable for any period, however short, the insured is not entitled to return of premiums, so far as that particular risk is concerned.

Section § 483

Explanation

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.

A person insured is entitled to a return of the premium:
(a)CA Insurance Code § 483(a) When the contract is voidable, on account of the fraud or misrepresentation of the insurer.
(b)CA Insurance Code § 483(b) When the contract is voidable on account of facts, of the existence of which the insured was ignorant without his fault.
(c)CA Insurance Code § 483(c) When, by any default of the insured other than actual fraud, the insurer did not incur any liability under the policy.

Section § 484

Explanation

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.

An acknowledgment in a policy of the receipt of premium is conclusive evidence of its payment, so far as to make the policy binding. Notwithstanding such acknowledgment, a policy may be canceled effective at such times as otherwise permitted by law for nonpayment of all or any portion of the premium which is actually unpaid if such cancellation right is reserved to the insurer in the policy.

Section § 485

Explanation

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.

In case of an overinsurance by several insurers, the insured is entitled to a ratable return of the premium, proportioned to the amount by which the aggregate sum insured in all the policies exceeds the insurable value of the subject at risk.

Section § 486

Explanation

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.

When an overinsurance is effected by simultaneous policies, the insurers contribute to the premium to be returned in proportion to the amount insured by their respective policies.

Section § 487

Explanation

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.

When an overinsurance is effected by successive policies, those only contribute to a return of the premium who are exonerated by prior insurance from the liability assumed by them, and in proportion as the sum for which the premium was paid exceeds the amount for which, on account of prior insurance, they could be made liable.

Section § 488

Explanation

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.

No insurer shall, in issuing or renewing a private passenger automobile insurance policy, increase the premium on that policy for the reason that the insured or applicant for insurance has been convicted for traffic violations committed while operating a motor vehicle for compensation during the hours of his employment if, with respect to a conviction, the employee or applicant has submitted to the insurer a written declaration made by the employee under penalty of perjury that the applicant or insured was, at that time, operating a motor vehicle for compensation during the hours of his or her employment. This section applies only to those individuals whose specific duties include driving their employer’s motor vehicles or individuals who have authority in their name from the Public Utilities Commission to operate as a highway carrier and who are the registered owners or lease operators of the motor vehicle used in the operation as a highway carrier.
This section does not apply to an insured or applicant for insurance convicted of any of the following:
(a)CA Insurance Code § 488(a) Homicide or assault arising out of the operation of a motor vehicle for compensation during the hours of employment.
(b)CA Insurance Code § 488(b) A violation while operating a motor vehicle for compensation during the hours of employment of any of the following sections or section subdivisions of the Vehicle Code:
(1)CA Insurance Code § 488(b)(1) Subdivision (a) of Section 14601.
(2)CA Insurance Code § 488(b)(2) Subdivision (a) of Section 14601.1.
(3)CA Insurance Code § 488(b)(3) Subdivision (a) of Section 14601.2.
(4)CA Insurance Code § 488(b)(4) Section 20001 or 20002.
(5)CA Insurance Code § 488(b)(5) Subdivision (a) of Section 20008.
(6)CA Insurance Code § 488(b)(6) Section 23103, 23104, 23105, 23152, or 23153.
(c)CA Insurance Code § 488(c) This section shall not apply to a person insured under the California assigned risk plan prescribed by Article 4 (commencing with Section 11620) of Chapter 1 of Part 3 of Division 2.

Section § 488.5

Explanation

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.

(a)CA Insurance Code § 488.5(a) An insurer shall not, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Department of the California Highway Patrol, or firefighter, with respect to his or her operation of a private passenger motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating an authorized emergency vehicle, as defined in subdivision (a) or (f) of Section 165 of the Vehicle Code or in paragraph (1) or (2) of subdivision (b) of Section 165 of the Vehicle Code, or any employer-leased vehicle or employer-rented vehicle, in the performance of his or her duty during the hours of his or her employment, or was involved in an accident while operating his or her private passenger motor vehicle in the performance of his or her duty at the request or direction of an employer.
(b)CA Insurance Code § 488.5(b) An insurer shall not, in issuing or renewing a private automobile insurance policy to a federal officer or federal customs agent, with respect to his or her operation of a private motor vehicle, increase the premium on that policy for the reason that the insured or applicant for insurance has been involved in an accident while operating an official government vehicle in the performance of his or her duty during the hours of his or her employment.
(c)CA Insurance Code § 488.5(c) As used in this section:
(1)CA Insurance Code § 488.5(c)(1) “Peace officer” means every person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(2)CA Insurance Code § 488.5(c)(2) “Policy” shall have the same meaning as defined in subdivision (a) of Section 660.

Section § 489

Explanation

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.

(a)CA Insurance Code § 489(a) Upon issuance of a policy of insurance described in Section 660, the insurer or its agent shall deliver to the named insured a notice explaining the manner in which the insurer’s rating plan provides for an increase in the premium based upon accidents or convictions within the meaning of Sections 13103 and 13105 of the Vehicle Code.
Every insurer or its agent, not less than 20 days prior to renewal of a policy covered by this section, shall inform the named insured of the named insured’s right to be informed, upon request, of any increase in the premium, in whole or in part, charged the named insured by virtue of the involvement in any accident, or conviction within the meaning of Section 13103 and 13105 of the Vehicle Code, by the insured or any operator of the motor vehicle.
(b)CA Insurance Code § 489(b) Every insurer shall, after March 1, 1977, as part of the first offer required by Section 663, deliver to everyone who was a named insured under a policy of insurance described in Section 660 on March 1, 1977, a notice explaining the manner in which the insurer’s rating plan provides for an increase in the premium, based upon accidents or convictions within the meaning of Sections 13103 and 13105 of the Vehicle Code. The provisions of this subdivision shall expire on March 1, 1978.

Section § 491

Explanation

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.

The rating plan of a motor vehicle liability insurer shall not provide for an increase in the premium if based upon an accident in which the insured is not at fault, in any manner, as determined by either the accident report or the insurer. In the event the insurer determines that its insured is at fault contrary to an accident report’s specific finding that the insured is not at fault, the insurer shall reach its conclusion only after an investigation.