Title INS, California Ins. Code

(a) Each qualifying examination for a license pursuant to this chapter shall be in writing and shall be of sufficient scope to satisfy the commissioner that the applicant has sufficient knowledge of, and is reasonably familiar with, the insurance laws of this state and with the p…

The commissioner shall administer qualifying license examinations under this chapter at test centers designated by the commissioner and through online proctored license examinations. The commissioner may give the examinations at more frequent intervals or in other places througho…

(a) A nonresident applicant for a license shall be subject to the same qualifying examination as is required of a resident applicant. The examination may be administered to an eligible nonresident applicant through the insurance authority of the state, territory of the United Sta…

If an applicant fails the qualifying examination, that applicant may, subject to the provisions of Section 1682, retake a qualifying examination. (Amended by Stats. 2021, Ch. 133, Sec. 11. (SB 272) Effective July 23, 2021.)

(a) No person shall cheat on, subvert, or attempt to subvert, any licensing examination given by the department, including, but not limited to, engaging in, soliciting, or procuring any of the following: (1) Any communication between one or more examinees and any other person, ot…

(a) (1) A person shall not be admitted to more than 10 license qualification examinations of the same type in any 12-month period. (2) If a person is admitted to 10 license qualification examinations of the same type in any 12-month period, that person shall not be admitted to an…

An applicant shall schedule or reschedule the applicant’s qualifying examination using an electronic service approved by the commissioner. If an applicant fails to appear at the time and place set for the examination, the applicant shall be deemed to have failed the examination. …

Except as otherwise provided in this article, whenever reference is made in this article to an applicant for a license, such reference includes each natural person who applies to be named on the license of an organization, and wherever reference is made to a person who has been l…

Every member of such insurer who sustains loss by any hazard covered by his policy shall immediately notify the insurer in accordance with the terms of his policy. (Enacted by Stats. 1935, Ch. 145.)

An action may be brought and maintained against any such insurer by its members to recover for losses insured against by the insurer, if payment is withheld after the amount of such losses is determined, and is due by the terms of the policy. (Enacted by Stats. 1935, Ch. 145.)

The purpose of this article is the following: (a) To regulate the activities of insurers and agents with respect to the replacement of existing life insurance and annuities. (b) To protect the interests of life insurance and annuity purchasers by establishing minimum standards of…

This article is applicable to all individual life insurance and annuity policies. (Added by Stats. 1990, Ch. 963, Sec. 1.)

(a) “Replacement” means any transaction in which new life insurance or a new annuity is to be purchased, and it is known or should be known to the proposing agent, or to the proposing insurer if there is no agent, that by reason of that transaction, the existing life insurance or…

(a) Unless otherwise specifically included, this article does not apply to the following: (1) Credit life insurance. (2) Group life insurance or group annuities. (3) An application to the existing insurer that issued the existing life insurance when a contractual change or a conv…

(a) Each agent who accepts an application shall submit to the insurer with which an application for life insurance or annuity is presented, or as part of each application, both of the following: (1) A statement signed by the applicant as to whether replacement of existing life in…

Every life insurer shall do the following: (a) Inform its field representatives or other personnel responsible for compliance with this article of the requirements of this article. (b) Require with, or as part of, each completed application for life insurance or annuity a stateme…

Every life insurer that uses an agent in a life insurance or annuity sale shall do the following: (a) Require with or as part of each completed application for life insurance or annuity, a statement signed by the agent as to whether he or she knows a replacement is or may be invo…

(a) If in the solicitation of a direct response sale, an insurer does not propose the replacement, and a replacement is involved, the insurer shall send to the applicant with the policy a replacement notice as described in subdivision (d) of Section 10509.4 or other substantially…

(a) A violation of this article shall occur if an agent or insurer recommends the replacement or conservation of an existing policy by use of a materially inaccurate presentation or comparison of an existing contract’s premiums and benefits or dividends and values, if any, or rec…

(a) Any agent or other person or entity engaged in the business of insurance, other than an insurer, who violates this article is liable for an administrative penalty of no less than one thousand dollars ($1,000) for the first violation. (b) Any agent or other person or entity en…

The commissioner may issue to an eligible person a certificate of convenience to act as any of the following: (a) Any type of a licensee under this chapter or Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Part 5 (commencing with Section 12…

To be eligible for an estate certificate of convenience, a person shall be one of the following: (a) The executor or administrator of the estate of a deceased property broker-agent, casualty broker-agent, or life agent. (b) If no executor or administrator has been appointed, the …

Except as provided in Section 1637, to be eligible for a military service certificate of convenience, a person is required to be nominated therefor by the holder of a permanent license who, while the holder, entered the military service of the United States. “Military service” ha…

An estate certificate of convenience expires upon the happening of any of the following events, whichever occurs first: (a) Upon the filing with the commissioner of a certified copy of an order appointing an executor or administrator, if the certificate of convenience has been is…

A military service certificate of convenience shall terminate upon the relicensing of the nominating licensee, but in no event shall it remain in force beyond the period set forth in Section 1722. (Added by Stats. 1959, Ch. 4.)

A military service certificate of convenience may be issued to an organization only under the following circumstances: (a) Such organization is the holder of a permanent license, and (b) The person entering the military service of the United States is the only natural person name…

The military service certificate of convenience referred to in Section 1697 expires at one of the following times, whichever occurs first: (a) Upon the qualification of a natural person to be named on the permanent license of the organization; or (b) Six months after the issuance…

When any loss exceeds in amount the cash funds of the insurer and also exceeds one-eighth of one per cent of the total amount of the insurer’s insurance in force, its president shall convene its directors to make an assessment. (Enacted by Stats. 1935, Ch. 145.)

Upon being convened for the purpose, the directors shall make an assessment upon all of the property insured in the insurer. Such assessment shall be in proportion to the amount for which each piece of property is insured, taken in connection with the rate of premium under which …

When the amount of such loss does not exceed one-eighth of one per cent of the total amount of insurance in force in the insurer, its directors may, by resolution in writing signed by two-thirds of all the directors while present at a meeting, borrow money in the name of the insu…

The term of any such loan shall not be greater than twelve months nor shall the date of maturity be in excess of thirty days beyond the date of the next annual meeting of the insurer. (Enacted by Stats. 1935, Ch. 145.)

The board of directors may at its annual meeting levy an assessment not to exceed twenty-five cents on the $100 of the first class of insurance and a pro rata amount on lower classes. The sum so raised shall constitute a reserve fund to be used in emergency cases only. Another as…

(a) No assessment or assessments may be levied upon any policy in excess of three times the amount of the premium named therein. The liability to assessment on any policy may be further reduced or eliminated as provided in subdivisions (b), (c), (d), and (e). (b) Upon written req…

The commissioner shall charge and collect in advance a fee of one hundred seventy-seven dollars ($177) for issuing a certificate under this article, or for reissuing and amending or changing an obsolete certificate at the request of an insurer. (Amended by Stats. 2017, Ch. 534, S…

The secretary, whenever such an assessment is made, shall immediately notify every policyholder in such insurer either personally, by agent, or by letter directed to the policyholder’s usual post-office address, stating: (a) The amount of the loss. (b) The sum due from the policy…

The insurer may bring an action against any member who neglects or refuses to pay an assessment made upon him under the provisions of this chapter, or to pay other liabilities due the insurer. (Enacted by Stats. 1935, Ch. 145.)

A director of any such insurer who wilfully refuses or neglects to perform the duties imposed upon him by law or by the insurer’s by-laws shall be liable in his individual capacity to the person sustaining a loss. (Enacted by Stats. 1935, Ch. 145.)

The purpose of this article is to require insurers to establish a system to supervise recommendations and to set forth standards and procedures for recommendations to consumers that result in transactions involving annuity products, so that the insurance needs and financial objec…

(a) This article shall apply to any recommendation to purchase, exchange, or replace an annuity made to a consumer that results in the purchase, exchange, or replacement that was recommended. (b) Nothing in this act shall be interpreted to preclude, preempt, or otherwise interfer…

Unless otherwise specifically included, this article shall not apply to transactions involving any of the following: (a) Direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this article. (b) Contracts used to…

(a) “Annuity” means an annuity that is an insurance product under California law that is individually solicited, regardless of whether or not the product is classified as an individual or group annuity. (b) “Commissioner” means the Insurance Commissioner. (c) “Continuing educatio…

(a) In recommending to a consumer the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions, the producer, or an insurer if no producer is involved, shall have reasonable grounds for believing that t…

(a) A producer shall not solicit the sale of an annuity product unless the producer has adequate knowledge of the product to recommend the annuity and the producer is in compliance with the insurer’s standards for product training. A producer may rely on insurer-provided product-…

(a) An insurer is responsible for compliance with this article. If a violation occurs, either because of the action or inaction of the insurer or its insurance producer, the commissioner may, in addition to any other available penalties, remedies, or administrative actions, order…

(a) Insurers and insurance producers shall maintain or be able to make available to the commissioner records of the information collected from the consumer and other information used in making the recommendations that were the basis for insurance transactions for five years after…

The commissioner shall, from time to time as conditions warrant, after notice and hearing, adopt reasonable rules and regulations, and amendments and additions thereto, as are necessary to administer this article. The commissioner may adopt regulations not inconsistent with this …