Title INS, California Ins. Code

(a) The commissioner shall establish, by regulation, those forms of collateral or security that an insurer may designate to secure the deductible amount of any policy of workers’ compensation insurance and the establishment of reserves and recognition of receivables for insurers …

(a) The commissioner may disapprove a rate if the insurer fails to comply with the filing requirements under Section 11735. (b) The commissioner may disapprove rates if the commissioner determines that premiums charged, in the aggregate, resulting from the use of the rates or the…

A classification shall take no account of any physical impairment of employees or the extent to which employees may have persons dependent upon them for support. (Repealed and added by Stats. 1993, Ch. 228, Sec. 2. Effective January 1, 1994. Operative January 1, 1995, by Sec. 7 o…

(a) An insurer shall not use any plan for the payment of dividends to policyholders by reason of a participating provision in a workers’ compensation insurance policy which is unfairly discriminatory. (b) Every insurer issuing workers’ compensation insurance policies under the la…

Rates and supplementary rate information filed for use in this state pursuant to this article and Article 3 (commencing with Section 11750), as added and amended by Chapter 228 of the Statutes of 1993, shall not be effective prior to the first normal anniversary rating date of a …

(a) The Legislature finds and declares that the insolvencies of more than a dozen workers’ compensation insurance carriers have seriously constricted the market and led to a dangerous increase in business at the State Compensation Insurance Fund. Yet more than 200 insurance compa…

Any persons may exchange reciprocal or interinsurance contracts with one another providing insurance, other than life, title, mortgage, mortgage guaranty, or insolvency insurance, among themselves against any loss which may be insured against under other provisions of law. (Amend…

Such persons are termed subscribers. (Enacted by Stats. 1935, Ch. 145.)

Any domestic corporation, in addition to the rights, powers and franchises specified in its articles of incorporation, has full power and authority to enter into insurance contracts of the kind and character mentioned in this chapter. The right to enter into such contracts is inc…

The organization under which such subscribers so exchange contracts is termed a reciprocal or interinsurance exchange, and shall be deemed the insurer while each subscriber shall be deemed an insured. (Amended by Stats. 1963, Ch. 1649.)

Such contracts may be executed by an attorney-in-fact, agent or other representative duly authorized and acting for such subscribers under powers of attorney. Such authorized person is termed the attorney, and may be a corporation. (Enacted by Stats. 1935, Ch. 145.)

The principal office of the attorney shall be maintained at a place designated by the subscribers in the power of attorney. (Enacted by Stats. 1935, Ch. 145.)

The power of attorney and contracts made thereunder may: (a) Provide for the right of substitution of attorney and revocation of the contract or power. (b) Impose such restrictions upon the exercise of the power as are agreed upon by the subscribers. (c) Provide for and limit the…

The body exercising the subscribers’ rights shall be selected under such rules as the subscribers adopt. It shall supervise the finances of the exchange and shall supervise its operations to such extent as to assure conformity with the subscriber’s agreement and power of attorney…

Such body shall have authority to procure the audit of the accounts and records of the exchange and of the attorney-in-fact, at the expense of the exchange. (Enacted by Stats. 1935, Ch. 145.)

Such body shall be composed of subscribers or agents of subscribers. Not more than one-third of the members serving on such body shall be agents, employees or shareholders of the attorney. (Enacted by Stats. 1935, Ch. 145.)

The board of a reciprocal or interinsurance exchange operating pursuant to Section 1284 shall be composed of members of the governing board of the hospital, the participating members of its attending medical staff, and health care consumers. (Added by Stats. 1976, Ch. 1465.)

A reciprocal or interinsurance exchange may engage in the surety insurance business in this state only provided its surplus is at least twice the amount required as paid-in capital of an incorporated insurer writing the same classes of insurance by the provisions of Section 700.0…

(a) Any reciprocal or interinsurance exchange, domestic or foreign, which has obtained a certificate of capability to reinsure or a favorable order under Section 1401.5 and whose subscribers by such order have no liability for assessment, may accept reinsurance of risks for all c…

Nothing in Chapter 504 of the Statutes of 1965 shall limit or affect the right of an admitted foreign reciprocal or interinsurance exchange to accept reinsurance. (Added by Stats. 1965, Ch. 1805.)

Any reciprocal or interinsurance exchange, domestic or foreign, which has obtained a certificate of surplus under Section 1401, and whose subscribers by such order have no liability for assessment, may issue a policy of insurance required under Article 4 (commencing with Section …

A reciprocal exchange or interinsurance exchange may borrow money to defray the expenses of its organization, provide it with surplus funds, or for any purpose of its business, upon a written agreement that the money is required to be repaid only out of the exchange’s surplus in …

In order to ensure an adequate response to disasters, the Legislature finds it necessary and appropriate to establish insurance disaster assessment teams. (Added by Stats. 1998, Ch. 510, Sec. 1. Effective September 15, 1998.)

The commissioner shall establish insurance disaster assessment teams in accordance with the provisions of this chapter. (Added by Stats. 1998, Ch. 510, Sec. 1. Effective September 15, 1998.)

(a) Each team shall consist of not more than seven insurance representatives. Insurers doing business in this state that want to participate in the insurance disaster assessment teams shall submit the names of qualified representatives to the commissioner. (b) The commissioner ma…

Upon the occurrence of any state of emergency involving property damage, the commissioner may require any insurance disaster assessment team to assemble for the purpose of assessing the extent, type, and degree of insured damage involved in the emergency. (Added by Stats. 1998, C…

State and local law enforcement officials shall permit an insurance disaster assessment team to have access to any disaster area as soon as determined safe and practical by the incident commander. The commissioner shall be responsible for the coordination and dispatch of insuranc…

The insurance disaster assessment team may use any of the following techniques to assess the amount of damage: (a) Ground surveying on foot or vehicle, or aerial surveying if necessary. (b) Analysis of data provided by others. (Added by Stats. 1998, Ch. 510, Sec. 1. Effective Sep…

The insurance disaster assessment team shall make a general assessment of the amount and types of damage suffered in an attempt to identify the overall scope of damage. (Added by Stats. 1998, Ch. 510, Sec. 1. Effective September 15, 1998.)

The insurance disaster assessment team shall compile its findings into a report and submit the report to the commissioner as soon as practical, but not more than five days after completion of the assessment unless authorized by the commissioner. The report shall be developed, in …

A representation may be oral or written. (Enacted by Stats. 1935, Ch. 145.)

A representation may be made at the time of, or before, issuance of the policy. (Enacted by Stats. 1935, Ch. 145.)

The language of a representation is to be interpreted by the same rules as contracts in general. (Enacted by Stats. 1935, Ch. 145.)

A representation as to the future is a promise, unless it is merely a statement of a belief or an expectation. (Enacted by Stats. 1935, Ch. 145.)

A representation cannot qualify an express provision in a contract of insurance; but it may qualify an implied warranty. (Enacted by Stats. 1935, Ch. 145.)

A representation may be altered or withdrawn before the insurance is effected, but not afterwards. (Enacted by Stats. 1935, Ch. 145.)

The completion of the contract of insurance is the time to which a representation must be presumed to refer. (Enacted by Stats. 1935, Ch. 145.)

When an insured has no personal knowledge of a fact, he may nevertheless repeat information which he has upon the subject, and which he believes to be true, with the explanation that he does so on the information of others; or he may submit the information, in its whole extent, t…

A representation is false when the facts fail to correspond with its assertions or stipulations. (Enacted by Stats. 1935, Ch. 145.)

If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false. (Enacted by Stats. 1935, Ch. 145.)

The materiality of a representation is determined by the same rule as the materiality of a concealment. (Enacted by Stats. 1935, Ch. 145.)

The provisions of this chapter apply as well to a modification of a contract of insurance as to its original formation. (Enacted by Stats. 1935, Ch. 145.)

(a) The purpose of this article is to promote the public welfare by regulating concert of action between insurers in collecting and tabulating rating information and other data that may be helpful in the making of adequate pure premium rates for workers’ compensation insurance an…

As used in this article, unless a different meaning is manifest, the term: (a) “Insurer” means every insurer authorized to transact workers’ compensation insurance and employer’s liability insurance incidental thereto and written in connection therewith in this state, including t…

The provisions of this article shall apply to all workers’ compensation insurance and employer’s liability insurance incidental thereto and written in connection therewith in this state, except reinsurance. (Amended by Stats. 1981, Ch. 714, Sec. 300.)

A rating organization may be organized pursuant to this article and maintained in this state for the following purposes: (a) To provide reliable statistics and rating information with respect to workers’ compensation insurance and employer’s liability insurance incidental thereto…