reglab/statecodes huggingface dataset:
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5 - Arson Investigations › Section 1875.5.

1875.5. In any case in which an insurer willfully fails to comply with this article, the authorized agency may petition the superior court in an appropriate county for an order requiring compliance.
(Added by Stats. 1989, Ch. 1119, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5 - Arson Investigations › Section 1875.6.

1875.6. Any authorized agency that receives any information furnished as required by this article shall not make the information public until the time that its release is required in connection with a criminal or civil proceeding.
(Amended by Stats. 1991, Ch. 602, Sec. 4.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5 - Arson Investigations › Section 1875.8.

1875.8. (a) There is hereby created the Arson Information Reporting System to permit insurers, law enforcement agencies, fire investigative agencies, and district attorneys to deposit arson case information in a common data base within the Department of Justice. The State Fire Marshal shall oversee the establishment, operation, and maintenance of the Arson Information Reporting System. The Department of Justice shall implement the Arson Information Reporting System in consultation with the State Fire Marshal.
(b) The purpose of the data base is to identify utilization patterns by individual claimants and the methods of operation of individuals, groups, or businesses engaged in the commission of arson, and to prevent the commission of insurance fraud by arson.
(c) The use of the information deposited pursuant to this article shall be made available to law enforcement agencies, fire investigative agencies, district attorneys, and insurers, via modem, for the purpose of investigating and prosecuting arson and arson-related insurance fraud, or evaluating the validity and payment of fire-related insurance claims. The State Fire Marshal shall establish rules governing the access to, and use of, information and the circumstances under which information may be accessed and corrected.
(d) Any information acquired pursuant to this section shall not be a part of any public record. Except as otherwise provided by law, any authorized governmental agency, an insurer, or an agent authorized by an insurer to act on its behalf, which receives any information furnished pursuant to this section, shall not release that information to public inspection until the time that its release is required in connection with a criminal or civil proceeding.
(e) Information submitted to the State Fire Marshal pursuant to this section concerning active cases shall be confidential.
(f) Nothing in this section shall prohibit the accumulation and public distribution by the bureau of statistical data if that data does not reveal the identity of specific claimants, injured parties, attorneys, physicians, or other service providers.
(Added by Stats. 1994, Ch. 420, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.10.

1875.10. The Legislature finds and declares as follows:
(a) That the business of insurance involves many transactions which have potential for abuse and illegal activities.
(b) That insurers and their policyholders ultimately pay the cost of fraudulent insurance claims.
(c) That the operation of insurance claims analysis bureaus would be to the benefit of the public, regulators, law enforcement, prosecutors, and insurers in suppressing and preventing insurance claims fraud.
(d) That the purpose of insurance claims analysis bureaus is to provide a data service to encourage the identification of utilization patterns by individuals or businesses who provide services in support of insurance claims, and by individual claimants themselves, in order to facilitate the identification and prevention of fraudulent activities.
(e) That promotion of an effective public-private partnership between the insurance industry and the commissioner to share data on suspected fraudulent claims is necessary to avoid unnecessary duplication and expense in reporting that data.
(f) It is the intent of the Legislature that, to promote a data-sharing partnership that is efficient and cost-effective, the commissioner and the bureau make every effort to obtain suspected fraudulent claims data from reporting and collection sources already in existence and supported by the insurance industry, by licensing those sources as claims analysis bureaus, as provided in this chapter.
(Amended by Stats. 1994, Ch. 1247, Sec. 4. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.11.

1875.11. (a) No insurance claims analysis bureau shall conduct any operations in this state without first filing a written application with the commissioner and obtaining a license to act in that capacity.
(b) As used in this section, an insurance claims analysis bureau is an organization, duly licensed pursuant to this article, which collects claims information and data from and disseminates claims information and data to its members or subscribers which is utilized for the purpose of the prevention and suppression of insurance fraud.
(Added by Stats. 1991, Ch. 1222, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.12.

1875.12. (a) The commissioner may license an organization as an insurance claims analysis bureau if it meets the following qualifications:
(1) Is a nonprofit corporation organized for the purpose of fraud prevention or is a corporation that has made the filings required by Section 1855.2.
(2) Has at least two years of experience, or has a managing officer with at least two years of experience, determined by the commissioner to be relevant to operation of an insurance claims analysis bureau, or has at least two years’ experience collecting and compiling insurance statistical information.
(3) Has a member or subscriber base of sufficient size that is, in the opinion of the commissioner, adequate to assure uniformity in data collection and cost efficiency to the insurer.
(4) Maintains its records in a computerized format.
(b) An applicant seeking a license as an insurance claims analysis bureau shall file with the commissioner the following documents:
(1) A copy of its articles of incorporation, its bylaws, and any rules and regulations governing the conduct of its business.
(2) A list of members or subscribers.
(3) A description of its technical capacity to collect and serve the volume of data necessary to act as an insurance claims analysis bureau.
(4) A statement establishing that the applicant meets the conditions set forth in subdivision (a).
(5) A certificate signed by an officer of the applicant that it will permit any licensed insurer to become a member or subscriber to the insurance claims analysis bureau.
(6) A statement of all of the following:
(A) That it will provide admitted insurers subject to Article 6 (commencing with Section 1876) the ability to submit required information to the claims analysis bureau at no cost to the insurer, and also provide nonmember or nonsubscriber insurers, at no cost to the insurer, any software that is specifically designed for the purpose of submitting information electronically that the bureau requires its insurers to use.
(B) That information from its data base will be made available to state law enforcement agencies pursuant to existing law, and that it will be made available at no cost to those agencies.
(c) This section shall not be interpreted to provide any nonmember or nonsubscriber any rights of membership or subscription in an organization licensed as an insurance claims analysis bureau.
(Amended by Stats. 1997, Ch. 501, Sec. 2.8. Effective January 1, 1998.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.13.

1875.13. The commissioner shall license an insurance claims analysis bureau by class of claims, if an insurance claims analysis bureau makes application and is appropriately qualified, for the following classes of claims:
(a) Automobile bodily injury, which shall include liability, uninsured motorist, and medical payment.
(b) Automobile physical damage.
(c) Automobile theft.
(d) Fire and allied lines property damage.
(e) General liability bodily injury.
(f) Disability.
(g) Life.
(h) Workers’ compensation.
(Added by Stats. 1991, Ch. 1222, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.14.

1875.14. An insurance claims analysis bureau shall perform the following functions:
(a) Collect and compile information and data from members or subscribers concerning insurance claims.
(b) Disseminate information to members or subscribers relating to insurance claims for the purpose of preventing and suppressing insurance fraud.
(c) Promote training and education to further insurer investigation, suppression, and prosecution of insurance fraud.
(d) Provide, without fee or charge, to the commissioner, all California data and information contained in the records of the insurance claims analysis bureau in furtherance of the prevention and prosecution of insurance fraud.
(Added by Stats. 1991, Ch. 1222, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.15.

1875.15. (a) A licensed insurance claims analysis bureau shall develop rules governing the kind, quality, and frequency of data reporting, which shall be binding on all subscribers or members. The commissioner may require development of new claims categories for the suppression and prevention of fraud.
(b) Every member or subscriber shall report, at a minimum, the following regarding any category of claims:
(1) Name of claimant.
(2) Address of claimant.
(3) Date of accident or incident.
(4) Identification of medical provider, if applicable.
(5) Identification of property repair vendor, if applicable.
(6) Identification of members or subscribers and, if applicable, adjusters.
(7) Identification of attorneys representing claimants, if applicable.
(8) Description of claim.
(9) Claimant’s driver license or California Identification card number, if applicable.
(10) Claimant’s social security number, if known to the insurer.
(11) Vehicle license numbers, if the claim involves automobile insurance.
(12) Vehicle identification numbers, if known and the claim involves automobile insurance.
(Amended by Stats. 1994, Ch. 1248, Sec. 2. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.16.

1875.16. Unless otherwise provided by law, any authorized entity which receives any information furnished pursuant to this article shall not release that information to public inspection (1) until such time as its release is required in connection with a criminal or civil proceeding, or (2) is necessary to analyze and present information for release in an insurance claims analysis bureau’s annual report. Any information acquired pursuant to this article shall not be part of any public record nor subject to disclosure under the California Public Records Act.
(Added by Stats. 1991, Ch. 1222, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.17.

1875.17. On or before May 1, 1992, and on or before May 1 of each year thereafter, any licensed insurance claims analysis bureau shall file with the department a report on the scope and extent of its activities in this state for the preceding year.
(Added by Stats. 1991, Ch. 1222, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.5 - Insurance Claims Analysis Bureaus › Section 1875.18.

1875.18. (a) Every bodily injury, medical payment, or uninsured motorist claim made under a policy of automobile insurance shall be available, upon request, to law enforcement agencies in this state, whenever that claim relates to an event that occurred within the state.
(b) Every claim subject to subdivision (a) shall be available without regard to any limitation in the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1), or any other provision of law, whether or not the law enforcement agency has formed a reasonable belief that a violation of law may have occurred with regard to the claim.
(c) (1) A licensed insurance claims analysis bureau shall provide automobile claims information, upon request, to a law enforcement agency pursuant to the authority in subdivision (a).
(2) A licensed insurance claims analysis bureau, and any person employed therein, that provides information pursuant to this section shall have the same immunity provided under Section 791.21 as any person disclosing personal or privileged information under Article 6.6 (commencing with Section 791) of Chapter 1.
(d) (1) Claims information requested by law enforcement agencies, pursuant to the authority in this section, shall be used solely for the purpose of investigating and prosecuting automobile insurance fraud. Those requests shall be narrowly formulated in order to protect the privacy rights of citizens of this state, while obtaining the information necessary to conduct specific investigations.
(2) The commissioner shall establish rules governing the access to, and use of, any information requested or obtained pursuant to this section, and the circumstances under which that information may be inspected and corrected.
(Added by Stats. 1997, Ch. 501, Sec. 3. Effective January 1, 1998.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.6 - Insurer Fraud Investigation › Section 1875.20.

1875.20. Every insurer admitted to do business in this state, except those otherwise exempted in this code, shall provide for the continuous operation of a unit or division to investigate possible fraudulent claims by insureds or by persons making claims for services or repairs against policies held by insureds.
(Amended by Stats. 2005, Ch. 717, Sec. 15. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.6 - Insurer Fraud Investigation › Section 1875.21.

1875.21. Insurers may maintain the unit or division required by this article using its employees or by contracting with others for that purpose.
(Added by Stats. 1991, Ch. 1222, Sec. 4.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.6 - Insurer Fraud Investigation › Section 1875.22.

1875.22. Insurers shall establish the unit or division required by this article no later than July 1, 1992.
(Added by Stats. 1991, Ch. 1222, Sec. 4.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 5.6 - Insurer Fraud Investigation › Section 1875.23.

1875.23. For purposes of this article, “unit or division” may include the assignment of fraud investigation to employees whose principal responsibilities are the investigation and disposition of claims. If an insurer creates a distinct unit or division, hires additional employees, or contracts with another entity to fulfill the requirements of this article, the additional cost incurred shall be included as an administrative expense for ratesetting purposes.
(Added by Stats. 1991, Ch. 1222, Sec. 4.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 6 - Deposit of Automobile Insurance Claims Information › Section 1876.

1876. Every insurer who receives a bodily injury, medical payment, or uninsured motorist claim made under a policy of automobile liability insurance defined in Section 660 or Section 11622 shall within 20 days of the receipt of that claim deposit that claim information with a licensed insurance claims analysis bureau. The claims information deposited pursuant to this section shall include at least the following: (1) the claimant’s driver’s license number or California identification card number, if applicable; (2) the vehicle license number; (3) the vehicle identification number, if known; and (4) the claimant’s social security number, if known to the insurer.
(Added by renumbering Section 1876.2 by Stats. 1997, Ch. 501, Sec. 7. Effective January 1, 1998.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 6 - Deposit of Automobile Insurance Claims Information › Section 1876.3.

1876.3. Any information acquired pursuant to this article shall not be part of any public record except as follows: Except as otherwise provided by law, any authorized governmental agency, and insurer, or an agent authorized by an insurer to act on its behalf, which receives any information furnished pursuant to this article shall not release that information to public inspection until such time as its release is required in connection with a criminal or civil proceeding; to analyze and present information for release in the bureau’s annual report pursuant to subdivision (h) of Section 1872.9.
Nothing in this section shall prohibit the accumulation and public distribution by the bureau of statistical data if that data does not reveal the identity of specific claimants, injured parties, attorneys, physicians, or other service providers.
(Amended by Stats. 1991, Ch. 1222, Sec. 7.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 6 - Deposit of Automobile Insurance Claims Information › Section 1876.4.

1876.4. No insurer, or the employees or agents of any insurer, shall be subject to civil liability for libel, slander, or any other tort cause of action arising from the deposit or furnishing of any information or data pursuant to this article.
(Added by Stats. 1989, Ch. 1119, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 6 - Deposit of Automobile Insurance Claims Information › Section 1876.5.

1876.5. As used in this article, “authorized governmental agency” and “insurer” have the same meaning as is given by Section 1874.1.
(Added by Stats. 1989, Ch. 1119, Sec. 3.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.

1877. This article shall be known and may be cited as the Workers’ Compensation Insurance Fraud Reporting Act.
(Added by Stats. 1991, Ch. 116, Sec. 19.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.1.

1877.1. The following definitions govern the construction of this article, unless the context requires otherwise:
(a) “Authorized governmental agency” means the district attorney of any county, any city attorney whose duties include criminal prosecutions, any law enforcement agency investigating workers’ compensation fraud, the office of the Attorney General, the Department of Insurance, the Department of Industrial Relations, the Employment Development Department, the Department of Corrections and Rehabilitation, the Public Employees’ Retirement System, and any licensing agency governed by the Business and Professions Code.
(b) “Relevant” means having a tendency to make the existence of any fact that is of consequence to the investigation or determination of an issue more probable or less probable than it would be without the information.
(c) “Insurer” means an insurer admitted to transact workers’ compensation insurance in this state, the State Compensation Insurance Fund, an employer that has secured a certificate of consent to self-insure pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code, or a third-party administrator that has secured a certificate pursuant to Section 3702.1 of the Labor Code.
(d) “Licensed rating organization” means a rating organization licensed by the Insurance Commissioner pursuant to Section 11750.1.
(e) Information shall be deemed important if, within the sole discretion of the authorized governmental agency, that information is requested by that authorized governmental agency.
(Amended by Stats. 2008, Ch. 369, Sec. 6. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.2.

1877.2. For the purposes of this article, “authorized governmental agency” includes, in addition to the entities listed in subdivision (a) of Section 1877.1, any licensing agency governed by the Chiropractic Initiative Act.
(Added by Stats. 2005, Ch. 415, Sec. 4. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.35.

1877.35. (a) The Public Employees’ Retirement System may request information from an insurer for any specific investigation of eligibility for, and unlawful application or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(b) Information received by the Public Employees’ Retirement System pursuant to this article may be used for purposes of determining eligibility for, and unlawful application or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(Added by Stats. 2008, Ch. 369, Sec. 7. Effective January 1, 2009.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.4.

1877.4. (a) Any information acquired pursuant to this article shall not be a part of the public record. Except as otherwise provided by law, any authorized governmental agency, an insurer, or an agent authorized to act on its behalf, which receives any information furnished pursuant to this article shall not release that information to any person not authorized to receive the information under this article. Any person who violates the prohibition of this subdivision is guilty of a misdemeanor.
(b) The evidence or information described in this section shall be privileged and shall not be subject to subpoena or subpoena duces tecum in a civil or criminal proceeding, unless, after reasonable notice to any insurer, an agent authorized by an insurer to act on its behalf, licensed rating organization, or authorized governmental agency which has an interest in the information, and a hearing, the court determines that the public interest and any ongoing investigation by the authorized governmental agency, insurer, or an agent authorized by the insurer to act on its behalf, or licensed rating organization will not be jeopardized by its disclosure, or by the issuance of and compliance with a subpoena or subpoena duces tecum.
(Amended by Stats. 2003, Ch. 636, Sec. 3. Effective January 1, 2004.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 7 - Workers Compensation Insurance Fraud Reporting › Section 1877.5.

1877.5. No insurer, agent authorized by an insurer to act on its behalf, or licensed rating organization who furnishes information, written or oral, pursuant to this article, and no authorized governmental agency or its employees who (a) furnishes or receives information, written or oral, pursuant to this article, or (b) assists in any investigation of a suspected violation of Section 1871.1, 1871.4, 11760, or 11880, or of Section 549 of the Penal Code, or of Section 3215 or 3219 of the Labor Code conducted by an authorized governmental agency, shall be subject to any civil liability in a cause or action of any kind where the insurer, authorized agent, licensed rating organization, or authorized governmental agency acts in good faith, without malice, and reasonably believes that the action taken was warranted by the then known facts, obtained by reasonable efforts. Nothing in this chapter is intended to, nor does in any way or manner, abrogate or lessen the existing common law or statutory privileges and immunities of an insurer, agent authorized by that insurer to act on its behalf, licensed rating organization, or any authorized governmental agency or its employees.
(Amended by Stats. 2003, Ch. 636, Sec. 4. Effective January 1, 2004.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.

1879. The purpose of this article is to confront aggressively the problem of insurance fraud in this state by facilitating the detection of insurance fraud, eliminating the occurrence of fraud through the development of fraud prevention programs, requiring the restitution of fraudulently obtained insurance benefits, and reducing the amount of premium dollars used to pay fraudulent claims.
(Added by Stats. 1994, Ch. 1008, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.3.

1879.3. The commissioner shall appoint supervisory and investigatory personnel within the bureau. In addition, the commissioner shall assign staff counsel who are employed by the department and are under the supervision of the department’s general counsel to advise the department’s fraud division, and to further the purposes of this article and Article 1 (commencing with Section 1871). The attorneys’ duties may include representing the commissioner and the department in civil lawsuits pursuant to Article 1 (commencing with Section 1871). Those persons shall be qualified by training and experience to perform the duties of their position.
When so requested by the commissioner, the Attorney General may assign one or more deputy attorneys general to assist the commissioner in the performance of these duties.
(Amended by Stats. 2005, Ch. 380, Sec. 2. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.4.

1879.4. (a) The Chief of the Fraud Division and those investigators designated by him or her may expend funds to conduct undercover activities, employ civilian operatives, or in any other manner not prohibited by law to investigate insurance fraud or workers’ compensation fraud.
(b) The money expended pursuant to subdivision (a) shall be paid out of the funds appropriated or made available by law for the support or use of the department.
(Amended by Stats. 2005, Ch. 717, Sec. 17. Effective January 1, 2006.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.5.

1879.5. (a) Any person who believes that a violation of this article has been or is being made may notify the department immediately after discovery of the alleged violation and may send to the department, on a form and in a manner prescribed by the commissioner, the information requested and any additional information relative to the alleged violation as the department may request. The division shall review the reports and select those alleged violations as may require further investigation. It shall then cause an independent examination or evaluation of the facts surrounding the alleged violation to be made to determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists.
(b) No person shall be subject to civil liability for libel, violation of privacy, or otherwise by virtue of the filing of reports or furnishing of other information, in good faith and without malice, provided pursuant to this section or requested by the department as a result of the authority conferred upon it by law.
(c) The commissioner may, by regulation, require admitted insurers to keep any records and other information as he or she deems necessary for the effective enforcement of this article.
(Added by Stats. 1994, Ch. 1008, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.6.

1879.6. The commissioner may adopt administrative regulations as he or she deems necessary for the effective implementation of this article.
(Added by Stats. 1994, Ch. 1008, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.7.

1879.7. The commissioner shall report annually to the Legislature as to the activities of the department and the cost-effectiveness of the programs established pursuant to this article.
(Added by Stats. 1994, Ch. 1008, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 1 - GENERAL RULES GOVERNING INSURANCE › PART 2 - THE BUSINESS OF INSURANCE › CHAPTER 12 - The Insurance Frauds Prevention Act › ARTICLE 8 - Insurance Fraud Prevention › Section 1879.8.

1879.8. Nothing in this article shall be construed to preclude the applicability of any other provision of civil or criminal law that applies to any act committed or alleged to have been committed by any person.
(Added by Stats. 1994, Ch. 1008, Sec. 1. Effective January 1, 1995.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1880.

1880. The owner of a ship has in all cases an insurable interest in it, even when it has been chartered by one who agrees to pay him its value in case of loss.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1881.

1881. The insurable interest of the owner of a ship hypothecated by bottomry is only the excess of its value over the amount secured by bottomry.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1882.

1882. Freightage, in marine insurance, signifies all the benefit derived by the owner, either from the chartering of the ship or its employment for the carriage of his own goods or those of others.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1883.

1883. The owner of a ship has an insurable interest in expected freightage which he would have certainly earned but for the intervention of a peril insured against.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1884.

1884. The interest mentioned in the last section exists, in the case of a charter party, when the ship has broken ground on the chartered voyage. If a price is to be paid for the carriage of goods it exists when they are actually on board, or there is some contract for putting them on board, and both ship and goods are ready for the specified voyage.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1885.

1885. In marine insurance, a person who has an interest in the thing from which profits are expected to proceed, has an insurable interest in the profits.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 1 - Insurable Interests Peculiar to Marine Insurance › Section 1886.

1886. The charterer of a ship has an insurable interest in it, to the extent that he is liable to be damaged by its loss.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1900.

1900. In marine insurance each party is bound to communicate, in addition to what is required in the case of other insurance:
(a) All the information which he possesses and which is material to the risk, except such as is exempt from such communication in the case of other insurance.
(b) The exact and whole truth in relation to all matters that he represents or, upon inquiry assumes to disclose.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1901.

1901. In marine insurance, information of the belief or expectation of a third person in reference to a material fact, is material.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1902.

1902. A person insured by a contract of marine insurance is presumed to have, at the time of insuring, knowledge of a prior loss, if the information might possibly have reached him in the usual mode of transmission and at the usual rate of communication.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1903.

1903. In marine insurance, concealment in respect to any of the following matters does not vitiate the entire contract, but merely exonerates the insurer from a loss resulting from the risk concealed:
(a) The national character of the insured.
(b) The liability of the subject matter to capture and detention.
(c) The liability to seizure from breach of foreign laws of trade.
(d) The want of necessary documents.
(e) The use of false and simulated papers.
(Amended by Stats. 2006, Ch. 538, Sec. 462. Effective January 1, 2007.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1904.

1904. In marine insurance, if a representation by the insured is intentionally false in any respect, whether material or immaterial, the insurer may rescind the entire contract.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 2 - Concealment and Representations Rules Peculiar to Marine Insurance › Section 1905.

1905. The failure of subsequent circumstances to conform to a representation as to expectation does not, in the absence of fraud, avoid marine insurance.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1920.

1920. In every marine insurance upon a ship or involving transportation by ship, a warranty is implied that the ship is seaworthy.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1921.

1921. A ship is seaworthy when reasonably fit to perform the services and encounter the ordinary perils of the voyage contemplated by the parties to the policy.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1922.

1922. An implied warranty of seaworthiness is complied with if the ship is seaworthy at the time of the commencement of the risk, except in the following cases:
(a) When the insurance is made for a specified length of time, the implied warranty is not complied with unless the ship is seaworthy at the commencement of every voyage it undertakes during that time.
(b) When the insurance is upon the cargo and, by the terms of the policy, description of the voyage, or established custom of the trade, the cargo is to be transshipped at an intermediate port, the implied warranty is not complied with unless each vessel upon which the cargo is shipped or transshipped is seaworthy at the commencement of its particular voyage.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1923.

1923. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but also requires that it be properly laden and provided with:
(a) A competent master.
(b) A sufficient number of competent officers and seamen.
(c) The requisite appurtenances and equipments.
(d) Other necessary or proper stores and implements for the voyage.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1924.

1924. Where any portion of the voyage contemplated by a policy differs from other portions in respect to the things requisite to make the ship seaworthy therefor, a warranty of seaworthiness is complied with if, at the commencement of each portion, the ship is seaworthy with reference to that portion.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1925.

1925. When a ship becomes unseaworthy during the voyage, an unreasonable delay in repairing the defect exonerates the insurer from liability on any loss arising from the defect.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1926.

1926. A ship may be seaworthy for the purpose of insurance upon itself and, at the same time, unseaworthy for the purpose of insurance upon the cargo because of unfitness to receive the cargo.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 3 - Implied Warranties Peculiar to Marine Insurance › Section 1927.

1927. Where the nationality or neutrality of a ship or cargo is expressly warranted, it is implied that:
(a) The ship will carry the requisite documents to show such nationality or neutrality.
(b) It will not carry any documents which cast reasonable suspicion thereon.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 4 - Effect of Course of Voyage › Section 1940.

1940. When the voyage contemplated by marine insurance is described by the places of beginning and ending, the voyage insured is one which conforms to the course of sailing fixed by mercantile usage between those places.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 4 - Effect of Course of Voyage › Section 1941.

1941. If the course of sailing is not fixed by mercantile usage, the voyage insured by marine insurance is that way between the places specified which, to a master of ordinary skill and discretion, would seem the most natural, direct, and advantageous.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 4 - Effect of Course of Voyage › Section 1942.

1942. Deviation is:
(a) A departure from the course of the voyage insured.
(b) An unreasonable delay in pursuing the voyage.
(c) The commencement of an entirely different voyage.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 4 - Effect of Course of Voyage › Section 1943.

1943. A deviation is proper:
(a) When caused by circumstances over which neither the master nor the owner of the ship has any control.
(b) When necessary to comply with a warranty, or to avoid a peril, whether or not the peril is insured against.
(c) When made in good faith and upon reasonable grounds of belief in its necessity to avoid a peril.
(d) When made in good faith, for the purpose of saving human life or relieving another vessel in distress.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 4 - Effect of Course of Voyage › Section 1945.

1945. An insurer is not liable for any loss happening to the subject matter of marine insurance after an improper deviation.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 5 - Loss in Marine Insurance › Section 1962.

1962. An actual total loss is caused by:
(a) A total destruction of the subject matter of insurance.
(b) The loss of the subject matter by sinking, or by being broken up.
(c) Any damage to the subject matter which renders it valueless to the owner for the purposes for which he held it.
(d) Any other event which entirely deprives the owner of the possession, at the port of destination, of the subject matter.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 5 - Loss in Marine Insurance › Section 1963.

1963. A constructive total loss is one which gives to a person insured a right to abandon, under section 1971.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 5 - Loss in Marine Insurance › Section 1964.

1964. An actual loss may be presumed from the continued absence of a ship without being heard of. The length of time which is sufficient to raise this presumption depends on the circumstances of the case.
(Enacted by Stats. 1935, Ch. 145.)
2023 California Code › Insurance Code - INS › DIVISION 2 - CLASSES OF INSURANCE › PART 1 - FIRE AND MARINE INSURANCE › CHAPTER 1 - The Marine Contract › ARTICLE 5 - Loss in Marine Insurance › Section 1965.

1965. When a ship is prevented, at an intermediate port and by the perils insured against, from completing the voyage, the master shall make every exertion to procure, in the same or a contiguous port, another ship for the purpose of conveying the cargo to its destination. The liability of a marine insurer on the cargo continues after it is thus reshipped and such insurer is additionally liable as prescribed in section 1966.
(Enacted by Stats. 1935, Ch. 145.)