Title INS — California Ins. Code
0 chapters · 3,633 sections in this title.
Ins. Code § 331 Section 331
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Concealment, whether intentional or unintentional, entitles the injured party to rescind insurance. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 332 Section 332
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Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining. (Enacted …
Ins. Code § 333 Section 333
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Neither party to a contract of insurance is bound to communicate information of the matters following, except in answer to the inquiries of the other:
Ins. Code § 334 Section 334
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Materiality is to be determined not by the event, but solely by the probable and reasonable influence of the facts upon the party to whom the communication is due, in forming his estimate of the disadvantages of the proposed contract, or in making his inquiries. (Enacted by Stats…
Ins. Code § 335 Section 335
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Each party to a contract of insurance is bound to know: (a) All the general causes which are open to his inquiry equally with that of the other, and which may affect either the political or material perils contemplated. (b) All the general usages of trade. (Enacted by Stats. 1935…
Ins. Code § 336 Section 336
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The right to information of material facts may be waived, either (a) by the terms of insurance or (b) by neglect to make inquiries as to such facts, where they are distinctly implied in other facts of which information is communicated. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 337 Section 337
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Information of the nature or amount of the interest of one insured need not be communicated unless in answer to an inquiry, except as prescribed by section 381, or by the provisions of the insurance contract if such provisions are prescribed by this code as part of a standard for…
Ins. Code § 338 Section 338
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An intentional and fraudulent omission, on the part of one insured, to communicate information of matters proving or tending to prove the falsity of a warranty, entitles the insurer to rescind. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 339 Section 339
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Neither party to a contract of insurance is bound to communicate, even upon inquiry, information of his own judgment upon the matters in question. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 350 Section 350
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A representation may be oral or written. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 351 Section 351
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A representation may be made at the time of, or before, issuance of the policy. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 352 Section 352
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The language of a representation is to be interpreted by the same rules as contracts in general. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 353 Section 353
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A representation as to the future is a promise, unless it is merely a statement of a belief or an expectation. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 354 Section 354
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A representation cannot qualify an express provision in a contract of insurance; but it may qualify an implied warranty. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 355 Section 355
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A representation may be altered or withdrawn before the insurance is effected, but not afterwards. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 356 Section 356
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The completion of the contract of insurance is the time to which a representation must be presumed to refer. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 357 Section 357
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When an insured has no personal knowledge of a fact, he may nevertheless repeat information which he has upon the subject, and which he believes to be true, with the explanation that he does so on the information of others; or he may submit the information, in its whole extent, t…
Ins. Code § 358 Section 358
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A representation is false when the facts fail to correspond with its assertions or stipulations. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 359 Section 359
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If a representation is false in a material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 360 Section 360
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The materiality of a representation is determined by the same rule as the materiality of a concealment. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 361 Section 361
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The provisions of this chapter apply as well to a modification of a contract of insurance as to its original formation. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 10270 Section 10270
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(a) This chapter shall not apply to workers’ compensation insurance, any policy of liability insurance with or without supplementary coverage, or any policy or contract of reinsurance. (b) This chapter shall apply to selected group disability insurance as defined in Section 10270…
Ins. Code § 10270.1 Section 10270.1
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(a) As used in this section: (1) “Institution” means any school, college or other institution of learning or the principal or head thereof. “Camp” means one or more tents, vehicles, buildings or structures together with the tract of land appertaining thereto, established or maint…
Ins. Code § 10270.2 Section 10270.2
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(a) In addition to the permitted types of blanket insurance issued to entities described in Section 10270.2, the commissioner may, in his or her discretion, add other entities that may be eligible to purchase blanket insurance for any class of risks relating to benefits for death…
Ins. Code § 10270.3 Section 10270.3
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(a) A blanket disability policy of a type permitted under paragraph (2) or (5) of subdivision (a) of Section 10270.2 may include either a coordination of benefits policy provision or a nonduplication of benefits policy provision, at the option of the policyholder. (b) The essenti…
Ins. Code § 10270.4 Section 10270.4
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Any disability insurer may issue policies of group disability insurance and family expense disability insurance as defined in this article but shall not issue any form of policy of group disability insurance, or family expense disability insurance except as prescribed in this art…
Ins. Code § 10270.5 Section 10270.5
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Group disability insurance is that form of disability insurance which conforms to all of the following conditions: (a) Written under a master policy, issued to any of the following: (1) The federal or state government, any federal or state agency, political subdivision or distric…
Ins. Code § 10270.505 Section 10270.505
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Another permitted form of group disability insurance is that which conforms to all of the following conditions. (1) Covering debtors who are or become obligated to repay an indebtedness in substantially equal installments, or to repay a portion of an indebtedness in substantially…
Ins. Code § 10270.507 Section 10270.507
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Except as provided in Section 10195 with respect to regulation of group Medicare supplemental insurance, and provisions of law regulating group long-term care insurance, no certificate of group disability insurance advertised or marketed to persons in this state shall be issued o…
Ins. Code § 10270.51 Section 10270.51
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The state and any political subdivisions thereof and any municipality, may provide for the type of insurance set forth in Section 10270.5 of this code the same as any private employer and may contribute to a fund established under such section the same as any private employer. A …
Ins. Code § 10270.55 Section 10270.55
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(a) With respect to a policy issued to a corporation, copartnership or individual employer eligible for group insurance pursuant to Section 10270.5, the term “employees” may be deemed to include the officers, managers and employees of subsidiary or affiliated corporations, and th…
Ins. Code § 10270.57 Section 10270.57
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Another form of group disability insurance is that form of disability insurance conforming to the following conditions: (a) Written under a master policy issued to the trustee of any self-employed individuals, whether or not they have any employees, all of whom have contracts wit…
Ins. Code § 10270.6 Section 10270.6
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Every group disability master policy shall contain the following provisions: (a) A provision that the policy, the application of the policyholder, and the individual applications, if any, of the individuals insured shall constitute the entire contract between the parties, and tha…
Ins. Code § 10270.63 Section 10270.63
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An individual certificate shall be individualized, except that in the case of an individual certificate under a group policy which requires no regular contribution toward the payment of the premium to be made by the individuals covered thereunder, such individual certificate need…
Ins. Code § 10270.65 Section 10270.65
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If hereafter any dividend is paid or any premium refunded under any policy of group disability insurance heretofore or hereafter issued, the excess, if any, of the aggregate dividends or premium refunds under such policy over the aggregate expenditures for insurance under such po…
Ins. Code § 10270.7 Section 10270.7
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Family expense disability insurance is that form of disability insurance insuring more than one person and issued to the head of a family or his spouse indemnifying him, or his spouse, or both, against loss due to disability of one or more persons dependent at the time of issuanc…
Ins. Code § 10270.8 Section 10270.8
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Family expense disability policies shall also contain the following provisions: (a) A provision that the policy and the application, if any, of the head of the family shall constitute the entire contract between the parties, and that all statements made by the head of the family …
Ins. Code § 10270.9 Section 10270.9
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No group disability policy shall be issued or delivered in this state nor, except as otherwise provided in Sections 10270.91 and 10270.98, shall an insurer provide or agree to provide group disability coverage until a copy of the form of the policy is filed with the commissioner …
Ins. Code § 10270.91 Section 10270.91
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An insurer is permitted to provide group disability coverage prior to the approval of the form of the policy if all of the conditions of (a) are met prior thereto and if thereafter it acts as required by (b). (a) The conditions precedent are: (1) The group is one eligible for cov…
Ins. Code § 10270.92 Section 10270.92
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The commissioner may suspend or revoke the permission granted any insurer in Section 10270.91 if, after notice and hearing in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, he finds that the insurer has: (a) Misrepresented the conditional nat…
Ins. Code § 10270.93 Section 10270.93
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No family expense disability policy shall be issued or delivered in this State unless a copy of the form thereof is filed with the commissioner and approved by him in accordance with Article 2 of this chapter as meeting in substance either the provisions and requirements of Artic…
Ins. Code § 10270.94 Section 10270.94
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The commissioner shall promulgate forms of provisions which incorporate in substance the applicable provisions set forth in Articles 4 (commencing with Section 10329), 4a (commencing with Section 10350), 5 (commencing with Section 10359), and 5a (commencing with Section 10369.1),…
Ins. Code § 10270.95 Section 10270.95
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Without affecting the applicability or degree of applicability of other sections of this chapter, it is hereby specified that the provisions of Sections 10321, 10325, 10401, of subdivisions (a), (c), (e), (h) and (i) of Section 10320, of subdivision (a) of Section 10290, of parag…
Ins. Code § 10270.97 Section 10270.97
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Selected group disability insurance is that form of disability insurance conforming to the following conditions: (a) Written under individual policies (1) Issued to not less than three employees of the federal or state government, or of any federal or state agency, political subd…
Ins. Code § 10270.98 Section 10270.98
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Group disability policies may provide, among other things, that the benefits payable thereunder are subject to reduction if the individual insured has any other coverage (other than individual policies or contracts) providing hospital, surgical or medical benefits, whether on an …
Ins. Code § 10270.99 Section 10270.99
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The term “individual policies or contracts,” as used in the first paragraph of Section 10270.98, does not include selected group disability policies or contracts, unless those policies or contracts are noncancelable or guaranteed renewable and solely provide hospital confinement …
Ins. Code § 10271 Section 10271
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(a) Except as set forth in this section and in Sections 10271.1, 10292, and 10295 to 10295.19, inclusive, this chapter does not apply to, or in any way affect, provisions in life insurance, endowment, or annuity contracts, or contracts supplemental thereto, that provide additiona…
Ins. Code § 10271.1 Section 10271.1
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(a) (1) Supplemental benefits that operate to safeguard life insurance contracts against lapse are defined as a waiver of premium benefit or a waiver of monthly deduction benefit, as applicable, in which the insurer waives the premium or monthly deduction for a life insurance con…
Ins. Code § 10272 Section 10272
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The term “indemnity,” as used in this chapter means benefits promised. (Enacted by Stats. 1935, Ch. 145.)
Ins. Code § 10273 Section 10273
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The term “noncancelable policy” or “noncancelable and guaranteed renewable policy” as used in this chapter means a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums in the amount originally set forth in the policy (…