Title INS — California Ins. Code
0 chapters · 3,633 sections in this title.
Ins. Code § 1963 Section 1963
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A constructive total loss is one which gives to a person insured a right to abandon, under section 1971. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1964 Section 1964
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An actual loss may be presumed from the continued absence of a ship without being heard of. The length of time which is sufficient to raise this presumption depends on the circumstances of the case. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1965 Section 1965
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When a ship is prevented, at an intermediate port and by the perils insured against, from completing the voyage, the master shall make every exertion to procure, in the same or a contiguous port, another ship for the purpose of conveying the cargo to its destination. The liabilit…
Ins. Code § 1966 Section 1966
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In addition to the liability mentioned in section 1965, a marine insurer is liable, up to the amount insured, for damages, expenses of discharging, storage, reshipment, extra freightage, and all other expenses incurred in saving cargo reshipped pursuant to section 1965. (Enacted …
Ins. Code § 1967 Section 1967
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Upon an actual total loss, the insured is entitled to payment without notice of abandonment. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1968 Section 1968
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Where it has been agreed that an insurance upon a particular subject matter, or class of subject matter, is to be free from particular average, a marine insurer is not liable for any particular average loss not depriving the insured of the possession, at the port of destination o…
Ins. Code § 1969 Section 1969
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When insurance is confined in its terms to an actual total loss, it does not cover a constructive total loss, but it does cover any loss which necessarily results in depriving the insured of the possession, at the port of destination, of the entire subject matter insured. (Enacte…
Ins. Code § 1970 Section 1970
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Abandonment, in marine insurance, is the act of the insured by which, after a constructive total loss, he declares the relinquishment to the insurer of the insured’s interest in the subject matter. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1971 Section 1971
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In marine insurance, after abandonment of the subject matter of insurance or of any particular portion thereof which is separately valued by the policy or otherwise separately insured, in a case where the cause of the loss is a peril insured against the insured may recover for a …
Ins. Code § 1972 Section 1972
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An abandonment can not be either partial or conditional. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1973 Section 1973
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An abandonment can be made only at a time limited by all of the following: (a) Within a reasonable time after the information of the loss. (b) After the commencement of the voyage. (c) Before the insured has information of the completion of the voyage. (Enacted by Stats. 1935, Ch…
Ins. Code § 1974 Section 1974
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Where the information upon which an abandonment has been made proves incorrect, or the subject matter of insurance is so far restored when the abandonment is made that there is in fact no total loss, the abandonment is not effective. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1975 Section 1975
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Abandonment is made by giving oral or written notice thereof to the insurer. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1976 Section 1976
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A notice of abandonment shall be explicit, and shall specify the particular cause of the abandonment, but need state only enough to show that there is probable cause therefor, and need not be accompanied with proof of interest or of loss. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1977 Section 1977
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An abandonment can be sustained only upon the cause specified in the notice thereof. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1978 Section 1978
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An abandonment is equivalent to a transfer to the insurer of the insured’s interest, with all the chances of recovery and indemnity. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1979 Section 1979
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Whenever a marine insurer pays for a loss as if it were an actual total loss, he is entitled to whatever remains of the subject matter insured, or its proceeds or salvage, to the same extent as in the case of a formal abandonment. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1980 Section 1980
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Upon an abandonment, acts done subsequent to the loss and in good faith by persons who at the time were the insured’s agents in respect to the subject matter insured, are at the risk of the insurer, and for his benefit. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1981 Section 1981
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An acceptance of an abandonment is not necessary to the rights of the insured, and is not to be presumed from the mere silence of the insurer at the time of receiving notice of abandonment. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1982 Section 1982
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The acceptance of an abandonment, whether express or implied, is conclusive upon the parties and admits the loss and the sufficiency of the abandonment. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1983 Section 1983
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An abandonment once made and accepted is irrevocable, unless the ground upon which it was made proves to be unfounded. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1984 Section 1984
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On an accepted abandonment of a ship, freightage earned previous to the loss belongs to the insurer of the freightage; but freightage subsequently earned belongs to the insurer of the ship. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1985 Section 1985
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If an insurer refuses to accept a valid abandonment, he is liable as upon an actual total loss, after deducting from the amount of the loss any proceeds of the insured subject matter which have come to the hands of the insured. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1986 Section 1986
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If an insured omits to abandon, he may nevertheless recover his actual loss. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1987 Section 1987
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(a) A valuation fraudulent in fact entitles a marine insurer to rescind the contract. (b) When the subject matter has been hypothecated by bottomry or respondentia, before its insurance and without the knowledge of the person actually procuring the insurance, such person may show…
Ins. Code § 1988 Section 1988
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In a case of partial loss, a marine insurer is liable only for such proportion of the amount insured by him as the loss bears to the value of the whole interest of the insured in the subject matter. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1989 Section 1989
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Where profits are separately insured in marine insurance, in case of loss the insured is entitled to recover that proportion of such profits which the value of the subject matter lost bears to the value of the whole. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1990 Section 1990
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In case of a valued policy of marine insurance on freightage or cargo, if only a part of the subject matter is exposed to risk, the valuation applies only in proportion to such part. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1991 Section 1991
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When profits are valued and insured by marine insurance, a loss of them is conclusively presumed from a loss of the property out of which they were expected to arise, and the valuation fixes their amount. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 1992 Section 1992
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In estimating a loss under an open policy of marine insurance, the following rules are to be observed: (a) The value of a ship is its value at the beginning of the risk, including all articles or charges which add to its permanent value or which are necessary to prepare it for th…
Ins. Code § 1993 Section 1993
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If cargo insured against partial loss arrives at the port of destination in a damaged condition, the loss of the insured is computed as follows: (a) Deduct the market price, at port of destination, of the damaged subject matter from its market price there when sound. (b) Take tha…
Ins. Code § 1994 Section 1994
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A marine insurer is liable for all the expense attendant upon a loss which forces the ship into port to be repaired. Where it is agreed that the insured may labor for the recovery of the property, the insurer is liable for the expense incurred thereby. In either case, the liabili…
Ins. Code § 1995 Section 1995
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In marine insurance, when an insured is required to make a contribution in respect to the subject matter of insurance toward a general average loss, if the average was called for on a loss by a peril insured against, the insurer is liable for the insured’s loss through the contri…
Ins. Code § 1996 Section 1996
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In marine insurance, where an insured has a demand against others for contribution, he may claim the whole loss from the insurer, subrogating the insurer to the insured’s right to contribution. But no such claim can be made upon the insurer after the separation of the interests l…
Ins. Code § 1997 Section 1997
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In the case of a partial loss of a ship or its equipments, the old materials are to be applied towards payment for the new. Whether the ship is new or old, a marine insurer is liable for only two-thirds of the remaining cost of the repairs after such deduction, except that anchor…
Ins. Code § 2 Section 2
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State law provides that your replacement Medicare supplement policy may not contain new preexisting conditions, waiting periods, elimination periods, or probationary periods. The insurer will waive any time periods applicable to preexisting conditions, waiting periods, eliminatio…
Ins. Code § 20 Section 20
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Miscellaneous ........................ 100,000 This section shall not be applicable to life, title, mortgage, or mortgage guaranty insurance, and an insurer now or hereafter admitted to transact life, title, mortgage, or mortgage guaranty insurance shall not be admitted under the…
Ins. Code § 2010 Section 2010
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The provisions of Sections 481, 800, 801, 802, 803, and 804 shall not apply to ocean marine insurance as defined in Section 481.
Ins. Code § 3 Section 3
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If you still wish to terminate your present policy and replace it with new coverage, be certain to truthfully and completely answer any and all questions on the application concerning your medical and health history. Failure to include all material medical information on an appli…
Ins. Code § 4 Section 4
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All contracts including contracts with providers, and other persons furnishing services, or facilities shall be fair and reasonable. (c) In developing standards under subdivision (a), the department shall also consider requirements under federal law; requirements under other stat…
Ins. Code § 680 Section 680
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An insurer shall not transact any class of insurance which is not authorized by its charter. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 685 Section 685
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(a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses and other fees, in the aggregate, and any fines, penalties, deposit requirements or other material obligations, prohibitions or restrictions are or would be imposed upon California insur…
Ins. Code § 685.1 Section 685.1
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This article shall not apply as to personal income taxes, nor as to ad valorem taxes on real or personal property nor as to special purpose obligations or assessments heretofore imposed by another state or foreign country in connection with particular kinds of insurance, other th…
Ins. Code § 685.2 Section 685.2
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For the purposes of this article the domicile of an alien insurer, other than insurers formed under the laws of Canada, shall be that state in which is located its principal place of business in the United States. In the case of an insurer formed under the laws of Canada or a pro…
Ins. Code § 685.3 Section 685.3
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To the extent permitted by the California Constitution there is hereby imposed upon the commissioner the duty to enforce Section 685. It shall be the duty of the commissioner to initiate the enforcement and execution of Section 685 in respect to all matters which by the Californi…
Ins. Code § 685.4 Section 685.4
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The provisions of this article shall also be applicable to reciprocals or interinsurance exchanges and fraternal benefit societies.
Ins. Code § 685.5 Section 685.5
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The reduction in the gross premiums tax rate made by Section 12202.2 of the Revenue and Taxation Code shall not be considered in any determination by the Insurance Commissioner to impose or enforce a tax under the retaliatory tax provisions of Sections 685 to 685.4, inclusive, an…
Ins. Code § 688 Section 688
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The Legislature declares that it is desirable for the general welfare and in particular for the welfare of insurance beneficiaries, policyholders, injured claimants and others that the business of domestic insurers be continued notwithstanding the event of a national emergency. T…
Ins. Code § 688.1 Section 688.1
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The board of directors of any domestic insurer may at any time adopt emergency bylaws, subject to repeal or change by action of those having power to adopt regular bylaws for the insurer, which shall be operative during such a national emergency and which may, notwithstanding any…
Ins. Code § 688.2 Section 688.2
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In the event that the board of directors of a domestic insurer has not adopted emergency bylaws, the following provisions shall become effective upon the occurrence of such a national emergency: (1) Three directors shall constitute a quorum for the transaction of business at all …