Section § 13600

Explanation

This section explains how a person who files a complaint about an insurance cancellation or nonrenewal can have the issue addressed through a conciliation process. The process starts with the department reviewing the complaint and involves a responsible staff member from the insurer to try resolving the issue over the phone. A $35 filing fee applies, refundable if the complainant wins. If resolution can't be reached, the complaint might be taken to a hearing where further action could be taken, like reinstating the policy if a violation is found.

The department shall provide any person who files a complaint pursuant to Section 678.5, with the option of submitting any dispute involving cancellation or nonrenewal to conciliation pursuant to the following conciliation procedures:
(a)Copy CA Insurance Code § 13600(a)
(1)Copy CA Insurance Code § 13600(a)(1) The complaint shall first be reviewed by the department. Each insurer shall designate a responsible staff member whom the department may contact to determine whether a complaint may be resolved through a conciliation process.
(2)CA Insurance Code § 13600(a)(2) The complainant shall pay a filing fee of thirty-five dollars ($35), which shall be returned if the complainant prevails in whole or in part in conciliation.
(b)CA Insurance Code § 13600(b) The department staff shall attempt to resolve the dispute over the telephone. The insurer’s representative shall have the authority to bind any insurer to any agreement reached over the telephone.
(c)CA Insurance Code § 13600(c) The insurer shall notify the department of the representative’s identity in writing and immediately notify the department of any change in the designation.
(d)CA Insurance Code § 13600(d) If the department cannot resolve the dispute by conciliation, the complaint shall be referred to the commissioner, who may, if he or she determines that there are reasonable grounds for believing that a violation of Section 678.5 has occurred, hold a hearing to determine whether a violation has occurred. In the event of a finding that a violation has occurred, the commissioner may order reinstatement of the policy.

Section § 13601

Explanation

This law section states that if you're involved in an insurance dispute in California, you can choose to pursue other legal options besides the processes laid out in this specific chapter. You don't need to start with the chapter's procedures if you have another course of action. However, the department in charge can't get involved if there's already a court case happening about the same issue.

Nothing in this chapter shall preclude an insured or other aggrieved party from pursuing any available alternative remedy in lieu of conciliation or from pursuing that alternative remedy without first proceeding under this chapter, but the department shall have no jurisdiction to proceed under this chapter or resolve any dispute under this chapter during the pendency of any judicial action thereon initiated by an insured.