Title INS — California Ins. Code
0 chapters · 3,633 sections in this title.
Ins. Code § 1512 Section 1512
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In addition to the foregoing penalties and where not otherwise provided, the penalty for failure or refusal to comply with any or all of the provisions of this chapter upon the part of the attorney, shall be the refusal, suspension or revocation of certificate of authority. Befor…
Ins. Code § 1530 Section 1530
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In lieu of all other taxes, licenses or fees whatever, state or local, each exchange and its corporate attorney in fact considered as a single unit shall together pay annually on account of the transaction of such business in this state, the same fees as are paid by mutual insure…
Ins. Code § 1531 Section 1531
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(a) On and after January 1, 1994, and before January 1, 1995, every exchange and its corporate attorney in fact that is considered a single unit whose annual taxes exceed fifty thousand dollars ($50,000) shall make payment by electronic funds transfer. On and after January 1, 199…
Ins. Code § 1540 Section 1540
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Any two or more domestic reciprocal insurers, upon affirmative vote of not less than two-thirds of the subscribers of each such insurer who vote on such merger pursuant to due notice and the prior approval of the commissioner of the terms of such notice, of the manner and form of…
Ins. Code § 1550 Section 1550
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This article shall apply only to domestic reciprocal insurers organized after 1974 to provide medical malpractice insurance.
Ins. Code § 1551 Section 1551
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By following the procedure specified in this article, any domestic reciprocal insurer described in this article may merge, consolidate, or otherwise unite with or become a part of, or may reinsure all of its policies with, and, upon assumption of all of its liabilities, may trans…
Ins. Code § 1552 Section 1552
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The plan and agreement by which the transaction is to be effected shall be submitted to the commissioner, who shall examine it and require those provisions to be inserted in the agreement and any actions to be taken in connection with the transaction, including, but not limited t…
Ins. Code § 1553 Section 1553
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When the plan and agreement has been approved by the commissioner, with any changes required by him or her, it shall require the approval of each domestic reciprocal insurer that is a party to the transaction by not less than two-thirds of the votes cast by its subscribers repres…
Ins. Code § 1554 Section 1554
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If one of the insurers that is a party to the transaction is a domestic incorporated insurer, Section 1109 of the Corporations Code shall apply if the transaction is a merger or consolidation, and Section 1113 of the Corporations Code shall also apply if the transaction is a merg…
Ins. Code § 1555 Section 1555
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(a) If the vote is in the affirmative, a certified copy of all proceedings relating to the proposed transaction shall be filed with the commissioner. If one of the insurers that is a party to the transaction is a foreign incorporated insurer, there shall also be filed with the co…
Ins. Code § 1556 Section 1556
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(a) If the surviving entity is a domestic incorporated insurer in a merger in which a domestic reciprocal insurer is a constituent party, after approval of the merger by the constituent reciprocal insurer and constituent incorporated insurer, the surviving incorporated insurer sh…
Ins. Code § 1557 Section 1557
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(a) Any plan of merger, consolidation, or other unification under this article shall provide that all rights and properties of the parties to the plan of merger, consolidation, or other unification shall accrue to, and become the rights and properties of, the surviving or consoli…
Ins. Code § 1558 Section 1558
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In the event a domestic reciprocal insurer is merged, is consolidated, or is part of a reorganization pursuant to the procedures specified in this article and the surviving, consolidated, or continuing company is a stock incorporated insurer, the plan shall provide for the manner…
Ins. Code § 1559 Section 1559
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(a) For all purposes for a merger in which the surviving entity is a domestic reciprocal insurer and a domestic incorporated insurer is not a constituent corporation as that term is defined under Section 161 of the Corporations Code, a copy of the certificate of merger duly certi…
Ins. Code § 1560 Section 1560
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This article shall apply only to domestic reciprocal insurers organized after 1974 to provide medical malpractice insurance.
Ins. Code § 1560.01 Section 1560.01
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By following the procedure specified in this article, any domestic reciprocal insurer described in Section 1560 may be converted into an incorporated stock insurer. To that end, it may provide and carry out a plan for the conversion by complying with the requirements of this arti…
Ins. Code § 1560.02 Section 1560.02
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The definitions in this section apply to the following terms when used in this article: (a) “Adoption date” means the date the governing body adopts the plan of conversion. (b) “Converted insurer” means the incorporated stock insurer into which a domestic reciprocal insurer has b…
Ins. Code § 1560.03 Section 1560.03
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A plan of conversion adopted by a domestic reciprocal insurer for the establishment of a reciprocal holding company shall provide that the domestic reciprocal insurer will become a stock insurer, that the subscribers of the domestic reciprocal insurer will become subscribers of a…
Ins. Code § 1560.05 Section 1560.05
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(a) The commissioner shall examine the plan submitted pursuant to Section 1560.03. As a part of the examination the commissioner shall order a public hearing of the plan after written notice of the hearing to the domestic reciprocal insurer and its subscribers and the public, all…
Ins. Code § 1560.06 Section 1560.06
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The meeting of subscribers prescribed by subdivision (c) of Section 1560.03 shall be called by the governing board, the chairperson of the board, or the president of the domestic reciprocal insurer. Notice of the meeting shall be given to eligible subscribers by mail at least 45 …
Ins. Code § 1560.07 Section 1560.07
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Nothing in this article shall be deemed to prohibit the inclusion in the plan of conversion of provisions under which the insurer’s officers, directors, employees, agents, and employee benefit plans for their benefit may be entitled, in accordance with reasonable classifications …
Ins. Code § 1560.08 Section 1560.08
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No director, officer, agent, or employee of the domestic reciprocal insurer shall receive any fee, commission, or other valuable consideration whatsoever, other than regular salary and compensation, for in any manner aiding, promoting, or assisting in the conversion except as set…
Ins. Code § 1560.09 Section 1560.09
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At any time before that plan of conversion becomes effective, the domestic reciprocal company may, by resolution of at least two-thirds of the governing board, amend the plan of conversion or withdraw the plan of conversion. Any plan amendment shall require the written consent of…
Ins. Code § 1560.10 Section 1560.10
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Upon consent by the commissioner to the plan of conversion of a domestic reciprocal insurer and filing of the plan of conversion in accordance with the provisions of this article, the commissioner shall issue a new certificate of authority to the converted insurer. Upon issuance …
Ins. Code § 1560.11 Section 1560.11
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(a) Upon the effective date of a plan of conversion in accordance with Section 1560.10, the domestic reciprocal insurer immediately becomes a stock corporation, the interests and rights in surplus of its subscribers are extinguished, the subscribers of the insurer immediately bec…
Ins. Code § 1560.12 Section 1560.12
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(a) Prior to, and for a period of five years following, the effective date of the plan of conversion, no person or group of persons acting in concert shall directly or indirectly offer to acquire or acquire in any manner the beneficial ownership of 5 percent or more of any class …
Ins. Code § 1560.13 Section 1560.13
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Unless otherwise provided in the plan of conversion, the governing body and officers of the domestic reciprocal insurer shall serve as directors and officers of the converted insurer until new directors and officers have been duly elected and qualified pursuant to the articles of…
Ins. Code § 1560.14 Section 1560.14
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(a) Notwithstanding any other provision of law and except as otherwise provided in subdivision (b), actions concerning any plan of conversion, proposed plan of conversion, plan amendment, or proposed plan amendment under this article or any acts taken or proposed to be taken unde…
Ins. Code § 1560.15 Section 1560.15
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The offer or sale of securities issued pursuant to the plan of conversion developed and approved in accordance with the provisions of this article, shall be exempt from Article 8 (commencing with Section 820) of Chapter 1.
Ins. Code § 1560.16 Section 1560.16
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The commissioner shall have the authority from time to time, to make, amend, and rescind any rules and regulations necessary to carry out the provisions of this article. The commissioner shall also have the authority to charge and collect from the insurer for the actual amount of…
Ins. Code § 1560.17 Section 1560.17
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Upon completion of the act of conversion and issuance of the certificate of authority under Section 1560.10, the Secretary of State shall accept for filing a verified copy of the articles of incorporation of the converted insurer.
Ins. Code § 1560.18 Section 1560.18
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(a) The articles of incorporation of a converted insurer that have been adopted pursuant to a plan of conversion and filed with the Secretary of State in accordance with Section 1560.10 may be further amended after the effective date pursuant to applicable law. The plan of conver…
Ins. Code § 1560.19 Section 1560.19
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If the name of a domestic reciprocal insurer converting to a stock insurer pursuant to this article includes the word “reciprocal,” the new stock insurer may continue to use the word “reciprocal” in its name if the name includes a word or words that identify the new stock insurer…
Ins. Code § 16000 Section 16000
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As used in this chapter, “state of emergency” means a state of emergency or local emergency as defined in Section 8558 of the Government Code.
Ins. Code § 16001 Section 16001
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This chapter shall apply to all insurers insuring real or personal property in the state, and any other classes of insurers that the commissioner determines should participate in emergency disaster preparation and assistance under this chapter.
Ins. Code § 16002 Section 16002
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The purpose and function of the disaster assessment teams is solely to determine the staffing and support needs of insurers in handling anticipated claims.
Ins. Code § 16010 Section 16010
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In order to ensure an adequate response to disasters, the Legislature finds it necessary and appropriate to establish insurance disaster assessment teams.
Ins. Code § 16010.5 Section 16010.5
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The commissioner shall establish insurance disaster assessment teams in accordance with the provisions of this chapter.
Ins. Code § 16011 Section 16011
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(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…
Ins. Code § 16012 Section 16012
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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.
Ins. Code § 16013 Section 16013
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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…
Ins. Code § 16014 Section 16014
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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.
Ins. Code § 16015 Section 16015
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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.
Ins. Code § 16016 Section 16016
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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 …
Ins. Code § 16020 Section 16020
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The commissioner, in consultation with the Office of Emergency Services and other emergency service agencies, shall establish a method for identification of representatives of insurers.
Ins. Code § 16021 Section 16021
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(a) In accordance with the methods established under Section 16020, the commissioner shall issue identification badges to each insurer insuring property in the state. The insurer shall be responsible for the distribution of the identification badges to appropriate insurer represe…
Ins. Code § 16022 Section 16022
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The commissioner shall distribute identification badges to insurance adjusters for the purpose of identifying persons who should be given access to disaster areas. Every insurer shall maintain a list of adjusters that have been assigned to work in the disaster area.
Ins. Code § 16030 Section 16030
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(a) The commissioner, in cooperation with insurers, the Office of Emergency Services, and other emergency service agencies, shall establish procedures for the coordination of efforts between insurers and their representatives and those of emergency response agencies. (b) The comm…
Ins. Code § 16032 Section 16032
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Any privately owned or operated resources hired by an insurer for the purpose of protecting structures endangered by fire or performing firefighting duties shall report to the incident commander or his or her designee immediately upon arriving at the site of a fire. Those resourc…
Ins. Code § 330 Section 330
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Neglect to communicate that which a party knows, and ought to communicate, is concealment. (Enacted by Stats. 1935, Ch. 145.)