reglab/housing_qa huggingface dataset:
CA Ins Code § 12743 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 1 - Definitions and Licensing|Section 12743.

12743.  The following provisions of this code shall be applicable to home protection contracts and home protection companies:(a) Sections 1 to 46, inclusive.(b) Chapter 3 (commencing with Section 330) of Part 1, Division 1.(c) Chapter 12 (commencing with Section 679.70) of Part 1, Division 1.(d) These provisions of Chapter 1, Part 2, Division 1:(1) Article 1 (commencing with Section 680).(2) Article 1.5 (commencing with Section 685).(3) Article 2 (commencing with Section 690).(4) Section 699, 699.5, 700, 701, 704, 704.5, 704.7, 705, 705.1, 707, 708, 709, 710, 713, 714, 715, 716, 717, 718, 720, and 725 of Article 3 (commencing with Section 699).(5) Section 750.(6) Article 5.5 (commencing with Section 770).(7) Article 6.5 (commencing with Section 790).(8) Article 8 (commencing with Section 820).(9) Article 9 (commencing with Section 880).(10) Article 11 (commencing with Section 939).(11) Article 13 (commencing with Section 980).(12) Article 14 (commencing with Section 1010).(13) Article 14.5 (commencing with Section 1065.1).(14) Article 15 (commencing with Section 1070).(15) Article 16 (commencing with Section 1080).(16) Article 17 (commencing with Section 1100).(e) These provisions of Chapter 2, Part 2, Division 1:(1) Article 1 (commencing with Section 1140).(2) Article 2 (commencing with Section 1150).(3) Article 3 (commencing with Section 1170).(4) Article 4 (commencing with Section 1190).(5) Article 4.7 (commencing with Section 1215).(6) Article 7 (commencing with Section 1250).(7) Article 8 (commencing with Section 1260).(f) Article 4 (commencing with Section 1610) of Chapter 4 of Part 2 of Division 1.(g) Article 3 (commencing with Section 1631) of Chapter 5 of Part 2 of Division 1.(h) Sections 1850, 1850.5, 1852, 1853.5, 1853.7, 1853.8, 1857, 1857.2, 1857.3, 1857.4, 1857.5, 1858, 1858.05, 1858.1, 1858.15, 1858.2, 1858.3, 1858.4, 1858.5, 1858.6, 1858.7, 1859, 1859.1, 1860, 1860.1, 1860.2 of Chapter 9, Part 2, Division 1.(i) Division 3 (commencing with Section 12900).(j) In any references in the provisions made applicable to this part by subdivisions (a) to (i) inclusive of this section:(1) “Insurer” shall mean home protection company.(2) “Insured” shall mean a home protection contract holder.(3) “Premium” shall mean protection contract fee.(4) “Policy” or “insurance” shall mean home protection contract.(k) When any provision of this code, other than this part, is applied to home protection companies, such provision shall be construed in accordance with the nature of home protection companies and the home protection business. In the event of any conflict between such other provision and this part, this part shall prevail.(Amended by Stats. 1981, Ch. 820, Sec. 4.)
CA Ins Code § 12744 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 1 - Definitions and Licensing|Section 12744.

12744.  (a) No person shall issue or offer to issue home protection contracts in this state unless the person holds a home protection company license issued by the department, except as provided in subdivision (b) of this section.(b) An insurer admitted for the class of insurance defined in Section 120 is authorized, in addition to the underwriting powers granted by the class, to issue home protection contracts, but the provisions of this part shall not be otherwise applicable to those insurers or their contracts.(c) No license shall be granted to a foreign applicant that has not fulfilled the requirements of Sections 716 and 717. For purposes of this part, the term “class of insurance” as used in said sections shall mean the business of a home protection company. This section shall not prohibit the admission of a foreign home protection company that has actively transacted home protection business in its state of domicile for three years or more.(d) The commissioner shall by regulation prescribe forms for applications for home protection company licenses consistent with the provisions of this part. Any reference to certificate of authority in Article 3 (commencing with Section 699) of Chapter 1 of Part 2 of Division 1, shall mean home protection company license.(e) (1) Subject to paragraph (2) and, notwithstanding subdivision (c) or any regulation to the contrary, the following requirements shall not apply to any foreign applicant:(A) Filing a financial statement certified by the applicant’s home state regulatory official as a true and correct copy of the statement filed with that official. This exemption applies only if the official does not require a home protection company or the applicant to file a financial statement.(B) Filing an examination report certified by the applicant’s home state regulatory official as a true and correct copy. This exemption applies only if the official does not prepare examination reports of home protection companies or has not prepared an examination report of the applicant.(C) Holding a certificate of authority as an insurance company.(2) The exemptions described in paragraph (1) apply only if the applicant’s chief executive officer stipulates that the company will provide financial reports in the same manner required of domestic home protection companies.(Amended by Stats. 2014, Ch. 324, Sec. 1. (AB 1130) Effective January 1, 2015.)
CA Ins Code § 12745 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 1 - Definitions and Licensing|Section 12745.

12745.  (a) Any insurance holding company subject to Article 4.7 (commencing with Section 1215) of Chapter 2 of Part 2 of Division 1, one of whose affiliates is a home protection company as defined in this part, may invest in or operate a corporation which provides home service contractor or dispatch services or appliance service or appliance repair services pursuant to a contract issued for that purpose. The corporation shall not be subject to licensing or regulation under this part except as set forth in this section, provided, that the contract shall not be sold in conjunction with, or otherwise attach to, the sale or any proposed sale of the real property to which it relates.(b) At the time of filing its registration statement under Section 1215.4, and annually thereafter, each affiliate owning or operating such a corporation shall file as a supplement thereto, a statement of the financial condition of the corporation prepared according to generally accepted accounting principles, and a designated list of the name and addresses of all agents, employees, and independent contractors utilized to issue or sell those contracts. Each statement of financial condition and designated list shall be certified as correct by an officer of the corporation. The commissioner may prescribe the form for the statement or list.(Added by Stats. 1986, Ch. 944, Sec. 2.)
CA Ins Code § 12750 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12750.

12750.  (a) A home protection company which has issued or renewed an aggregate number of 1,000 or less contracts in the preceding calendar year shall maintain a minimum net worth of forty thousand dollars ($40,000) and for each additional 500 contracts, or fraction thereof, up to 10,000 contracts, an additional twenty thousand dollars ($20,000).(b) Net worth is defined as the excess of admitted assets over all liabilities and required reserves. At least twenty thousand dollars ($20,000) of net worth shall consist of paid-in capital.(Amended by Stats. 1981, Ch. 820, Sec. 5.)
CA Ins Code § 12751 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12751.

12751.  Any home protection company which has issued and in force, prior to January 1, 1979, any contracts for home protection exempt from the provisions of this part pursuant to Section 12741, shall carry a portion of the fee received for such contracts in the reserve contemplated by Section 985, as though such fees were premiums subject to the provisions of that section, and such sums shall be deemed equivalent to premiums for purposes of that section but shall not be considered premiums for the purposes of Section 12202 of the Revenue and Taxation Code.(Added by Stats. 1978, Ch. 1203.)
CA Ins Code § 12752 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12752.

12752.  (a) A home protection company shall file an annual statement exhibiting its conditions and affairs in accordance with Sections 900, 900.5, 900.8, 900.9, 902, 903, 903.5, 904, 922.1 to 922.8, inclusive, 923, 923.5, and 924. However, the required contents of the annual statement may vary from the requirements thereof, pursuant to regulations adopted by the commissioner in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, so as to adapt the requirements to the home protection business. This subdivision shall not be construed to limit the authority of the commissioner to request financial statements from licensees at any time.(b) The commissioner shall, before licensure and at other times as appears necessary, examine the business and affairs of a home protection company subject to this part. A home protection company so examined shall open its books and records for inspection by the commissioner and shall otherwise facilitate and cooperate in the examination. In making the examination, the commissioner shall have the rights specified in Section 733, and the examinee shall be subject to the obligations of Section 736. The commissioner shall not conduct more than one financial examination of a company in a five-year period, unless the commissioner finds that the financial condition of the company has deteriorated, thereby warranting an interim examination.(c) The commissioner may extend the period between examinations up to two additional years if the commissioner determines that conditions warrant the extension. In making that determination, the commissioner may consider all of the following factors:(1) The company’s reserves.(2) The company’s net worth.(3) Any other factors the commissioner considers relevant.(Amended by Stats. 2018, Ch. 431, Sec. 1. (AB 2142) Effective January 1, 2019.)
CA Ins Code § 12753 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12753.

12753.  (a) A home protection company shall maintain a reserve for unearned premiums in an amount not less than 40 percent of the aggregate premiums charged on its contracts currently in force.Amounts to be reserved shall be on a 12-month basis. Where the contract is for a period of more than 12 months, the reserve for unearned premiums for the period beyond 12 months shall be 100 percent of the pro rata portion of the contract fee attributable to the period of coverage in excess of 12 months. The unearned premium reserve for contracts exceeding 12 months shall be reduced to not less than 40 percent of the pro rata portion of the contract fee applicable to the next succeeding 12-month period, as of the first day of the succeeding 12-month period, and each succeeding 12-month period thereafter during which the contract is in effect.Where the home protection contract provides coverage during the selling or listing period of the real property to which the contract applies, the home protection contract fee applicable to this period of coverage shall be deemed fully earned upon the close of escrow, and receipt of payment of the applicable contract fee.(b) For purposes of this section, such reserve shall not include protection contract fees on home protection contracts to the extent provision is made for reinsurance of the outstanding risk on such contracts.(c) The commissioner may, by regulation, prescribe the format by which the reserve shall be reported.(Amended by Stats. 1987, Ch. 664, Sec. 6.)
CA Ins Code § 12755 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12755.

12755.  A home protection company shall be deemed insolvent whenever its net worth is reduced below 50 percent of the amount required by Section 12750.(Added by Stats. 1981, Ch. 820, Sec. 8.)
CA Ins Code § 12756 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12756.

12756.  A home protection company shall invest only in those assets defined in Article 3 (commencing with Section 1170) and Article 4 (commencing with Section 1190) of Chapter 2 of Part 2 of Division 1, except that an amount to be determined by the commissioner by regulation of its admitted assets may be invested in tangible personal property held by it for the purpose of repair or replacement of home components, systems or appliances under its home protection contracts.(Added by Stats. 1981, Ch. 820, Sec. 9.)
CA Ins Code § 12757 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 2 - Fiscal Requirements|Section 12757.

12757.  The provisions of Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1, shall not be applicable to home protection companies.(Added by Stats. 1981, Ch. 820, Sec. 10.)
CA Ins Code § 12760 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12760.

12760.  No home protection company shall pay a commission to any person as an inducement or compensation for the issuance, purchase or acquisition of a home protection contract, nor shall a home protection company or any other insurer either directly or indirectly, as a part of any real property transaction in which a home protection contract will be issued, purchased or acquired, require that a home protection contract be issued, purchased or acquired in conjunction with or as a condition precedent to the issuance, purchase or acquisition, by any person, of any other policy of insurance. The provisions of this section shall not prohibit payment of an override commission or marketing fee to an employee or commission sales agent who is the marketing representative of the home protection company or its parent, subsidiary, or affiliate on the sale or marketing of a home protection contract, provided such person is not a real estate licensee sharing in or entitled to share in, or affiliated with a real estate brokerage firm which is entitled to share in the real estate commission generated by the underlying real property transaction.(Repealed and added by Stats. 1981, Ch. 689, Sec. 4.)
CA Ins Code § 12761 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12761.

12761.  (a) The furnishing of a home protection contract without charge to any person shall constitute a violation of this part. No home protection contract providing coverage prior to the time an interest in the home to which it attaches is sold shall be issued or delivered unless it provides for consideration. Such consideration may consist of a bona fide promise to pay the protection contract fee at the time of and only upon transfer of title.(b) A home protection company may require an onsite inspection as a prequalification for the issuance of a home protection contract, and in such event offer a report on the inspection in connection with a bona fide application for the issuance of such contract even though the issuance of a contract on the property which is the subject of the inspection does not occur.(Amended by Stats. 1986, Ch. 944, Sec. 4.)
CA Ins Code § 12761.1 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12761.1.

12761.1.  (a) A home protection company which was licensed as such on December 31, 1988, and as of that date was a franchisor of entities authorized by Section 771.1 to solicit, negotiate, or effect home protection contracts, or a parent, subsidiary, or affiliate of such a franchisor, and continues to be such a franchisor or parent, subsidiary, or affiliate of such a franchisor, may provide coverage for a listing period.(b) For the purposes of this section, a “listing period” means a period prior to the time an interest in the home to which the home protection coverage attaches is sold, during which there is in effect an exclusive right to sell listing as that term is defined in Section 1086 of the Civil Code, between the seller of that home and a franchisee of that franchisor.(c) Home protection contracts providing listing period coverage issued pursuant to this section shall be exempt from the provisions of both of the following: (1) Subdivision (c) of Section 12740, which requires a separately stated pro rata portion of the annual fee for the period of coverage which exceeds one year.(2) Subdivision (a) of Section 12753, which requires reserves for unearned premiums applicable to the listing period coverage provided under those home protection contracts.(Added by Stats. 1990, Ch. 1021, Sec. 1.)
CA Ins Code § 12762 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12762.

12762.  (a) A home protection contract shall specify, in clear and conspicuous terms, the following information:(1) Each of the appliances, systems and components covered by the contract.(2) All exclusions and limitations respecting the extent of coverage.(3) The period during which the contract will remain in effect, the protection contract fee and the renewal terms, if any.(4) With respect to the performance of services by the home protection company, all of the following:(A) The services to be performed by the company and the terms and conditions of such performance.(B) The service fee or fees, if any, to be charged for such services.(C) All limitations respecting the performance of services, including any restrictions as to the time period when or geographical area within which services may be requested or will be performed.(D) A statement that services will be performed upon telephonic request therefor to the company, without any requirement that claim forms or applications be filed prior to the rendition of service.(E) A representation that services will be initiated by or under the direction of the company within 48 hours after request is made for such services by any person entitled to make such request under the contract, or the agent of such person.(b) The commissioner may adopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable regulations as may be necessary to make more specific the provisions of this section. Those regulations may also establish such other contract form standards and requirements as the commissioner may deem necessary and appropriate in the public interest. However, this section does not authorize the commissioner to specify those appliances, systems, or components which must be covered by a home protection contract except to the extent necessary to guarantee the equity of the exclusions from coverage offered or provided under a contract, or to the extent necessary to avoid illusory coverage due to the nature or extent of exclusions from the contract.(Amended by Stats. 1983, Ch. 142, Sec. 96.)
CA Ins Code § 12763 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12763.

12763.  No home protection contract shall be issued or delivered until a copy of the form thereof is filed with the commissioner. The commissioner may charge a fee for the filing, which fee shall be established by regulation adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 1985, Ch. 106, Sec. 104.)
CA Ins Code § 12764 (2021)
2021 California Code|Insurance Code - INS|DIVISION 2 - CLASSES OF INSURANCE|PART 7 - HOME PROTECTION|CHAPTER 3 - Other Provisions|Section 12764.

12764.  (a) Any home protection contract shall be noncancellable during the initial term for which it was issued, except for:(1) Nonpayment of protection contract fees;(2) Fraud or misrepresentation of facts material to the issuance of such contract; or(3) Contracts providing coverage prior to the time that an interest in the residential property to which it attaches is sold, upon the contingency that such sale does not occur.(b) Nothing in this section establishes a right of the contract holder to renewal of any contract.(Amended by Stats. 1981, Ch. 820, Sec. 15.)
CA Ins Code § 12919 (2021)
2021 California Code|Insurance Code - INS|DIVISION 3 - THE INSURANCE COMMISSIONER|CHAPTER 2 - Powers and Duties|ARTICLE 1 - Generally|Section 12919.

12919.  Communications to the commissioner or any person in the commissioner’s office in respect to any fact concerning the holder of, or applicant for, any certificate or license issued under this code are made to the commissioner in official confidence within the meaning of Sections 1040 and 1041 of the Evidence Code. Liability shall not exist and no action or proceeding shall lie for or on account of any communication or the making thereof, but the existence of the communication shall not be deemed to dispense with or nullify any requirement of notice, hearing, or production of evidence before the commissioner as otherwise required by law.(Amended by Stats. 2021, Ch. 50, Sec. 244. (AB 378) Effective January 1, 2022.)
CA Ins Code § 12920 (2021)
2021 California Code|Insurance Code - INS|DIVISION 3 - THE INSURANCE COMMISSIONER|CHAPTER 2 - Powers and Duties|ARTICLE 1 - Generally|Section 12920.

12920.  The commissioner shall determine the sufficiency and validity of all securities required to be given by persons engaged, or to be engaged, in insurance business, and shall cause such security to be supplemented or renewed in case of the insufficiency or invalidity thereof.(Enacted by Stats. 1935, Ch. 145.)
CA Ins Code § 12920.5 (2021)
2021 California Code|Insurance Code - INS|DIVISION 3 - THE INSURANCE COMMISSIONER|CHAPTER 2 - Powers and Duties|ARTICLE 1 - Generally|Section 12920.5.

12920.5.  In addition to and independent of any and all other proper causes for refusal by the commissioner to approve or accept any bond filed or presented for filing with the commissioner under any provision of this code or other laws, the commissioner shall decline to approve, accept, or file any bond, if, in the commissioner’s opinion, the principal and the surety are affiliated in any manner whereby insolvency of the one party would affect the solvency of the other or whereby it is made uncertain whether or not that result might occur.(Amended by Stats. 2021, Ch. 50, Sec. 245. (AB 378) Effective January 1, 2022.)