Title INS — California Ins. Code
0 chapters · 3,633 sections in this title.
Ins. Code § 11698 Section 11698
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(a) In the event any one of the eventualities described in paragraph (1), (2), (3), or (4), transpires, the commissioner shall immediately take control or possession of the deposit required pursuant to Section 11691 and may use the deposit to pay or procure the payment of those c…
Ins. Code § 11698.01 Section 11698.01
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When the commissioner is authorized to proceed under Section 11698 he or she may do either of the following: (a) Subject to Sections 11698.2, 11698.21, and 11698.22, enter into reinsurance and assumption agreements with one or more admitted solvent workers’ compensation insurers …
Ins. Code § 11698.02 Section 11698.02
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The proceeds of the deposit required pursuant to Section 11691 shall be used solely to pay compensable workers’ compensation claims under the insured or reinsured policies, allocated claims expense necessary to pay those claims, and the expenses connected with all proceedings or …
Ins. Code § 11698.1 Section 11698.1
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From time to time and in any event at or prior to the time of the filing of his or her petition for discharge as receiver, the commissioner shall do the following: (a) File with the Workers’ Compensation Appeals Board an accounting of all trust funds received and used from the pr…
Ins. Code § 11698.2 Section 11698.2
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If the commissioner enters into a reinsurance and assumption agreement as provided in subdivision (a) of Section 11698.01, that agreement shall provide for all of the following: (a) The reinsurance and assumption of all those obligations by the reinsuring and assuming insurers. (…
Ins. Code § 11698.21 Section 11698.21
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(a) The reimbursement provision referred to in subdivision (c) of Section 11698.2 shall provide for the transfer of the securities in the deposit to the deposits of the reinsurers. Thereafter, except as provided in subdivision (b), the deposit of the reinsuring and assuming insur…
Ins. Code § 11698.22 Section 11698.22
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The commissioner shall not enter into an agreement with an insurer if its reinsurance and assumption of liability will impair its solvency or render its further transaction of business hazardous under subdivision (d) of Section 1011.
Ins. Code § 11698.3 Section 11698.3
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(a) If the insurer is a member insurer of the California Insurance Guarantee Association (the association) and has been the subject of an order of liquidation or receivership with a finding of insolvency which has been entered by a court of competent jurisdiction the association …
Ins. Code § 11699 Section 11699
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Unless the deposit required pursuant to Section 11691 is withdrawn by the commissioner pursuant to the authority granted him or her by this article, it, or any remainder thereof, may be repaid to the insurer either upon satisfactory showing to the commissioner that every liabilit…
Ins. Code § 11700 Section 11700
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The deposit required pursuant to Section 11691, unless withdrawn by the commissioner, shall be used only for the payment of compensable workers’ compensation claims and expenses as provided in Section 11698.02 as long as there remains unpaid any claim or any part thereof.
Ins. Code § 11701 Section 11701
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The commissioner may revoke the certificate of authority to transact workers’ compensation insurance or to reinsure the injury, disablement, or death portions of policies of workers’ compensation under the class of disability insurance in this state of any insurer failing to comp…
Ins. Code § 11702 Section 11702
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The provisions of this article shall not apply to workers’ compensation insurance covering those persons defined as employees by subdivision (d) of Section 3351 of the Labor Code.
Ins. Code § 11703 Section 11703
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An insurer desiring to write workers’ compensation insurance shall maintain or provide occupational safety and health loss control consultation services pursuant to Section 6354.5 of the Labor Code.
Ins. Code § 11730 Section 11730
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The following definitions govern the construction and meaning of the terms used in this article: (a) “Classification system” or “classification” means a plan, system, or arrangement for recognizing differences in exposure to hazards among industries, occupations, or operations of…
Ins. Code § 11731 Section 11731
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This article applies to workers’ compensation insurance and employers’ liability insurance written in connection therewith.
Ins. Code § 11732 Section 11732
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Rates shall be adequate to cover an insurer’s losses and expenses. Rates shall not tend to create a monopoly in the market. For the purpose of this section, the rates of any individual insurer, other than the State Compensation Insurance Fund, are presumed to create a monopoly in…
Ins. Code § 11732.5 Section 11732.5
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Rates shall not be unfairly discriminatory. Rates are unfairly discriminatory if, after allowing for practical limitations, price differentials fail to reflect equitably the difference in expected losses and expenses. A rate of an insurer shall not be deemed unfairly discriminato…
Ins. Code § 11733 Section 11733
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In determining whether rates comply with Section 11732, the following criteria shall apply: (a) Due consideration may be given to past and prospective loss and expenses experience within this state, to catastrophe hazards and contingencies, to events or trends within this state, …
Ins. Code § 11734 Section 11734
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(a) Every workers’ compensation insurer shall adhere to a uniform experience rating plan filed with the commissioner by a rating organization designated by the commissioner and subject to his or her disapproval. (b) The commissioner shall designate a rating organization to assist…
Ins. Code § 11735 Section 11735
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(a) Every insurer shall file with the commissioner all rates and supplementary rate information that are to be used in this state. The rates and supplementary rate information shall be filed not later than 30 days prior to the effective date. Upon application by the filer, the co…
Ins. Code § 11736 Section 11736
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An experience rating plan shall contain reasonable eligibility standards, provide adequate incentives for loss prevention, and shall provide for sufficient premium differentials so as to encourage safety.
Ins. Code § 11736.5 Section 11736.5
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(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 …
Ins. Code § 11737 Section 11737
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(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…
Ins. Code § 11738 Section 11738
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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.
Ins. Code § 11739 Section 11739
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(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…
Ins. Code § 11740 Section 11740
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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 …
Ins. Code § 11742 Section 11742
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(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…
Ins. Code § 11750 Section 11750
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(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…
Ins. Code § 11750.1 Section 11750.1
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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…
Ins. Code § 11750.2 Section 11750.2
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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.
Ins. Code § 11750.3 Section 11750.3
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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…
Ins. Code § 11751 Section 11751
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On and after January 1, 1952, a rating organization shall not conduct its operations in this state without first having filed with the commissioner a written application for and securing a license to act as a rating organization. Any rating organization may make application for a…
Ins. Code § 11751.1 Section 11751.1
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To obtain and retain a license, a rating organization shall provide satisfactory evidence to the commissioner that it shall do all of the following: (a) Permit any insurer to become a member at a reasonable cost and without discrimination, or to withdraw therefrom. (b) Neither ha…
Ins. Code § 11751.2 Section 11751.2
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The commissioner shall examine each application for license to act as a rating organization and the documents filed therewith and may make any further investigation of the applicant, its affairs and its proposed plan of business, as he deems desirable. The commissioner shall issu…
Ins. Code § 11751.25 Section 11751.25
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Notwithstanding Section 11751, each rating organization possessing a license of indefinite term pursuant to this article shall owe and pay to the commissioner an annual fee of one hundred fifty dollars ($150), in advance, on account of that license until its final termination. Th…
Ins. Code § 11751.3 Section 11751.3
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(a) Subject to the approval of the commissioner, a rating organization licensed under this article may adopt any reasonable constitution, articles of incorporation, or agreement of association, and may make reasonable rules for the regulation of its members and the conduct of its…
Ins. Code § 11751.35 Section 11751.35
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(a) Four members of the public, two representing organized labor and two representing insured employers, appointed pursuant to subdivision (b) of Section 11751.3, shall be entitled to serve on the managing or governing committee of a rating organization licensed under this articl…
Ins. Code § 11751.4 Section 11751.4
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From and after the taking effect of this act, it shall be the duty of every insurer to be a member of a rating organization. No insurer may at the same time belong to more than one rating organization licensed under this article.
Ins. Code § 11751.5 Section 11751.5
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The commissioner, after notice and hearing, may promulgate reasonable rules and statistical plans, which may be modified from time to time and which shall be used thereafter in the recording and reporting by insurers of their loss and expense experience in order that the experien…
Ins. Code § 11751.55 Section 11751.55
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If an insurer, the State Compensation Insurance Fund, a rating organization, or an advisory organization requests an official action by the commissioner under Chapters 2 (commencing with Section 11630), 3 (commencing with Section 11690), or 4 (commencing with Section 11770) of th…
Ins. Code § 11751.7 Section 11751.7
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(a) The rating organization designated the statistical agent pursuant to Section 11751.5 shall provide to the Director of Industrial Relations, upon request, any information in the possession of, or reasonably attainable by the rating organization, that would assist the Director …
Ins. Code § 11751.8 Section 11751.8
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An insurer shall report to its rating organization as corrections or revisions of losses, pursuant to the unit statistical plan and uniform experience rating plans approved by the commissioner, if any of the following is applicable: (a) A loss record detail was incorrectly report…
Ins. Code § 11751.82 Section 11751.82
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(a) An insurer under a wrap-up insurance policy shall report workers’ compensation losses and payroll information for each contractor and subcontractor to its rating organization on a timely basis and in accordance with the uniform statistical plan. Within 10 days, upon request, …
Ins. Code § 11751.9 Section 11751.9
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Whenever a claim or claims used in an experience rating are closed and reported pursuant to the unit statistical plan approved by the commissioner and are valued, in the aggregate, at an amount that is less than 60 percent of the highest reported aggregate value of all of these c…
Ins. Code § 11752 Section 11752
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The commissioner may, as often as reasonable and necessary, make or cause to be made an examination of each rating or advisory organization to ascertain whether such organizations comply with the legal requirements applicable to it under this article. In lieu of any such examinat…
Ins. Code § 11752.1 Section 11752.1
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The officers, managers, agents and employees of any such organization may be examined by the commissioner at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation together with all data, statistics and inform…
Ins. Code § 11752.2 Section 11752.2
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The reasonable cost of any examination authorized by this article of any rating or advisory organization shall be paid by the organization examined.
Ins. Code § 11752.5 Section 11752.5
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(a) Subject to subdivision (b), a licensed rating organization shall make available any policy information contained in its records to the following: (1) The Department of Industrial Relations. (2) Any other governmental agency if the Insurance Commissioner, after consultation wi…
Ins. Code § 11752.6 Section 11752.6
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(a) A licensed rating organization shall make available, in writing, to an employer insured under a workers’ compensation policy, all policyholder information contained in its records upon request of the employer and after notice to the employer’s insurer. (b) As used in this sec…
Ins. Code § 11752.7 Section 11752.7
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(a) A licensed rating organization may make available experience rating information contained in its records to any insurer admitted to transact workers’ compensation insurance in this state or to any insurance agent or broker that is licensed to transact workers’ compensation in…