Title INS — California Ins. Code
0 chapters · 3,633 sections in this title.
Ins. Code § 742.41 Section 742.41
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All employer groups who have health care coverage benefits provided by a multiple employer welfare arrangement for their employees and their dependents, regardless of individual condition or history of that employee and their dependents, shall continue to provide coverage thereun…
Ins. Code § 742.42 Section 742.42
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The provisions of this code governing domestic incorporated insurers, their business, and their contracts shall, so far as applicable and not inconsistent, govern multiple employer welfare arrangements subject to this article and the business and contracts of these multiple emplo…
Ins. Code § 742.425 Section 742.425
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The provisions of this article shall not apply to multiple employer welfare arrangements as defined in Section 1144(b)(6)(D) of Title 29 of the United States Code.
Ins. Code § 742.43 Section 742.43
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The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
Ins. Code § 750 Section 750
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(a) Except as provided in Section 750.5, any person acting individually or through his or her employees or agents, who engages in the practice of processing, presenting, or negotiating claims, including claims under policies of insurance, and who offers, delivers, receives, or ac…
Ins. Code § 750.4 Section 750.4
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Section 750 of the Insurance Code, Sections 3215 and 3219 of the Labor Code, and Section 549 of the Penal Code shall not apply to any person, corporation, partnership, association, or firm, that is operating under both of the following circumstances: (a) On behalf of an insurer o…
Ins. Code § 750.5 Section 750.5
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Nothing in Section 750 of the Insurance Code, Section 549 of the Penal Code, or Section 3215 of the Labor Code shall be construed to prevent an attorney or law firm from the following: (a) Dividing fees for legal services with a lawyer under circumstances expressly permitted by R…
Ins. Code § 753 Section 753
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(a) It is unlawful for any insurance agent or broker, or any insurance solicitor employed thereby, to receive any financial benefit from an automobile repair facility or any other form of direct or indirect consideration from any person for referring insureds to that person or th…
Ins. Code § 754 Section 754
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(a) It is unlawful for any person to solicit, receive, offer, or pay any referral fee for the referral of an individual for the furnishing of services or goods for which the person knows or should have known whole or partial reimbursement is or may be made, directly or indirectly…
Ins. Code § 755 Section 755
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If at the time of the solicitation and issuance of a policy of life or disability insurance, or of a surety bond which by its terms continues until canceled, a person may lawfully receive commissions on it, that person, or in the event of that person’s death, his or her estate or…
Ins. Code § 756 Section 756
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When the premium on a policy insuring an employer is based upon the amount or segregation of the employer’s payroll, and the employer, personally or knowingly through his or her employee, procures a lower premium by willfully misrepresenting the amount or segregation, that misrep…
Ins. Code § 757 Section 757
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When a statement of the amount or segregation of a payroll is materially false, and an insurer, through a person employed by it in a managerial capacity, accepts the statement as the basis for the premium on a policy, the acceptance is an unlawful act if the accepting employee kn…
Ins. Code § 758 Section 758
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(a) It is unlawful for an insurer to require an auto body repair shop registered pursuant to Sections 9884 and 9889.52 of the Business and Professions Code, as a condition of participation in the insurer’s direct repair program, to pay for the cost of an insured’s rental vehicle …
Ins. Code § 758.5 Section 758.5
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(a) No insurer shall require that an automobile be repaired at a specific automotive repair dealer, as defined in Section 9880.1 of the Business and Professions Code. (b) (1) No insurer shall suggest or recommend that an automobile be repaired at a specific automotive repair deal…
Ins. Code § 758.6 Section 758.6
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Insurers shall not engage in capping. For the purposes of this section, “capping” means offering or paying an amount that is unrelated to a methodology used in determining paint and materials charges that is accepted by automobile repair shops and insurers.
Ins. Code § 758.7 Section 758.7
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An insurer, upon receiving notice from an insured, shall reimburse any fees and extra premium charged to an insured due to a late premium payment or a lapse in coverage under the policy if the late payment or lapse in coverage was the result of fraud committed by an agent or brok…
Ins. Code § 759 Section 759
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This article establishes consumer protections in connection with retail sales practices, solicitations, advertising, or offers of any insurance product or annuity to a consumer by either of the following: (a) Any depository institution, as defined in subdivision (b) of Section 76…
Ins. Code § 760 Section 760
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As used in this article, the following terms have the following meanings: (a) “Affiliate” has the same meaning as defined in Section 1215. (b) “Depository institution” means any of the following: (1) National banks, operating subsidiaries of a national bank, and federal branches …
Ins. Code § 761 Section 761
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(a) A covered person shall not engage in any practice that would lead a consumer to believe that an extension of credit, in violation of subsection (b) of Section 106 of the federal Bank Holding Company Act Amendments of 1970 (12 U.S.C. Sec. 1972), is conditional upon either of t…
Ins. Code § 762 Section 762
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(a) In connection with the initial purchase of an insurance product or annuity by a consumer from a covered person, a covered person shall disclose to the consumer, except to the extent the disclosure would not be accurate, all of the following: (1) That the insurance product or …
Ins. Code § 763 Section 763
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(a) A depository institution shall, to the extent practicable, keep the area where the depository institution conducts transactions involving insurance products or annuities physically segregated from areas where retail deposits are routinely accepted from the general public, ide…
Ins. Code § 764 Section 764
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A depository institution may not permit any person to sell or offer for sale any insurance product or annuity in any part of its office or on its behalf, unless the person is at all times appropriately qualified and licensed as required by this code with regard to the specific pr…
Ins. Code § 765 Section 765
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The commissioner may adopt reasonable regulations necessary to administer this article.
Ins. Code § 769 Section 769
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(a) After a written agency or written brokerage contract, where the broker-agent represents the insurer, has been in effect for at least one year, it shall not be terminated or amended by an insurer, except by mutual agreement, unless 120 days’ advance written notice has been giv…
Ins. Code § 769.1 Section 769.1
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A commission payable to a broker-agent shall be at the rate and in accordance with the terms agreed to in writing between the insurer and the broker-agent. There is a rebuttable presumption that a commission is lawful if it complies with the requirements of subdivisions (c) and (…
Ins. Code § 769.2 Section 769.2
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(a) In determining the amount of an insurer’s rollback obligation pursuant to Section 1861.01 or any regulations promulgated to implement this section, each insurer shall be given full credit for all premium taxes, commissions, and brokerage expenses that the insurer actually pai…
Ins. Code § 769.55 Section 769.55
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(a) Notwithstanding any other provision of this code, for the purposes of Chapter 6 (commencing with Section 520) through Chapter 11 (commencing with Section 675), inclusive of Part 1 of Division 1, the obligation of an insurer to furnish any notice to its insured required by law…
Ins. Code § 769.56 Section 769.56
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(a) A material change made by a health insurer, as defined in subdivision (b) of Section 106, to the terms and conditions of a contract between the health insurer and a life and accident and health or sickness agent shall not become effective until the health insurer has delivere…
Ins. Code § 769.80 Section 769.80
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This act shall be known and may be cited as the Managing General Agents Act.
Ins. Code § 769.81 Section 769.81
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As used in this article: (a) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries, the Casualty Actuarial Society, or the Society of Actuaries, and is qualified to sign a statement of actuarial opinion on loss reserves. (b) “Insurer” mean…
Ins. Code § 769.82 Section 769.82
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(a) No producer shall act in the capacity of an MGA with respect to risks located in this state for an insurer that holds a certificate of authority unless that producer is licensed as a property broker-agent and casualty broker-agent, or as a life agent in this state. (b) No pro…
Ins. Code § 769.83 Section 769.83
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No producer acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and where both parties share responsibility for a particular function, specifies t…
Ins. Code § 769.84 Section 769.84
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(a) The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each MGA with which it has done business. (b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the ad…
Ins. Code § 769.85 Section 769.85
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The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer.
Ins. Code § 769.86 Section 769.86
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(a) If the commissioner finds after hearing that any person has violated any provision of this article he or she may order any of the following: (1) For each separate violation, a penalty in an amount not to exceed twenty-five thousand dollars ($25,000). (2) Revocation or suspens…
Ins. Code § 769.87 Section 769.87
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The commissioner may adopt reasonable rules and regulations for the implementation and administration of this article.
Ins. Code § 770 Section 770
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No person engaged in the business of financing the purchase of real or personal property or of lending money on the security of real or personal property and no trustee, director, officer, agent or other employee, or affiliate of, any such person shall require, as a condition pre…
Ins. Code § 770.1 Section 770.1
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No person making a loan of money on the security of real property shall use or make available to any person information contained in a policy of fire or casualty insurance for the purpose of soliciting either type of insurance coverage if the borrower has filed with the lender a …
Ins. Code § 770.3 Section 770.3
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No state department or agency shall negotiate any life or disability insurance or require the placing of that insurance through particular agents, brokers, or companies, except to the extent that the state has a direct financial interest in the subject of the insurance. The state…
Ins. Code § 771 Section 771
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Sections 770 and 770.1 shall not prevent: (a) The exercise by any person engaged in that business of that person’s right to approve or disapprove, for reasonable cause, as determined by appropriate regulatory authority, of the insurer selected to underwrite the insurance, nor of …
Ins. Code § 771.01 Section 771.01
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No person making a loan of money on the security of residential real property shall reject or refuse to accept a policy of fire and casualty insurance underwritten by an insurer chosen by the borrower for any reason that the lender would not impose on an insurer chosen by the len…
Ins. Code § 771.02 Section 771.02
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(a) When a lender or purchaser of a mortgage on real property has required and obtained a copy of the insurance policy covering that real property, it shall be responsible for providing a copy of that insurance policy or other evidence of insurance acceptable to the purchaser to …
Ins. Code § 771.1 Section 771.1
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Nothing in this article shall prevent any person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code from recommending, soliciting, negotiating or effecting home protection contracts issued by a company qualified under Pa…
Ins. Code § 772 Section 772
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In any trial, hearing or proceeding to determine a violation of this article a written statement signed by the person for whom any purchase is financed, to whom any money is loaned or for whom any extension, renewal or other act in connection with a loan is to be granted or perfo…
Ins. Code § 773 Section 773
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The commissioner may suspend or revoke any license held by any person who violates Section 770, pursuant to Article 13 of Chapter 5 of this part.
Ins. Code § 774 Section 774
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The commissioner, after hearing upon notice, may issue a cease and desist order to any person if he finds that such person has, in more than one transaction, violated Section 770. The violation of such a cease and desist order is a misdemeanor.
Ins. Code § 775 Section 775
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The commissioner may investigate any person, whether licensed or not, for the purpose of determining if there has been any violation of this article, however, if such investigation be upon a complaint, the complainant must be a party to the contract of sale, trust deed, or loan a…
Ins. Code § 776 Section 776
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No person who sells real property shall require, as a condition precedent to the sale of such real property, that the person buying the real property negotiate any insurance or renewal thereof covering such property through a particular insurance agent, insurance broker, or insur…
Ins. Code § 777.1 Section 777.1
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No insurer shall participate in any plan to offer or effect any kind or kinds of insurance or annuities in this state as an inducement to the purchase or rental by the public of any property, real or personal or mixed, or services, without any separate charge to the insured for s…
Ins. Code § 777.2 Section 777.2
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If any insurer, agent, broker or solicitor wilfully violates the provisions of this article, the Insurance Commissioner may suspend or revoke his certificate or license or other authority to do business or engage in his occupation for a period not exceeding one year. The proceedi…