California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 7 - Production Agency Records › Section 2190.7 - Place Where Records Kept

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All records described in Sections
				  2190.2,
				  2190.4,
				  2190.5 and
				  2190.6 shall be kept in the
				  principal office in this State of the resident agent or broker or resident
				  surplus lines broker or resident special lines' surplus lines broker except
				  where otherwise specifically authorized by the commissioner. All records
				  described in Sections
				  2190.2,
				  2190.4,
				  2190.5 and
				  2190.6 for non-resident surplus
				  line brokers and non-resident special lines' surplus lines brokers shall be
				  kept in the principal office in the state or territory of the United States in
				  which he or she is licensed as a resident surplus line broker or resident
				  special lines' surplus lines broker.
(b) All records described by Section
				  2190.3 shall be maintained at the
				  office servicing the insured.
(c)
				  An agent operating under an exclusive contract with an insurer, including one
				  insurer and its subsidiaries or affiliates, shall, upon termination of the
				  appointment, be required to maintain only such records as such contract
				  authorizes him to retain, provided that the insurer shall bear the
				  responsibility of maintaining within this State all other records which would
				  have otherwise been required to be maintained by the agent, subject to the time
				  limitations set forth in 2190.2, 2190.3 and 2190.4.
(d) All records shall be maintained in an
				  orderly manner so that the information therein is readily available and shall
				  be open to inspection or examination of the commissioner at all times and the
				  commissioner may at any time require such licensee to furnish him any
				  information maintained or required to be maintained.
(e) One year after cancellation or expiration
				  of a policy, records pertaining thereto may be stored off premises so long as
				  they are retrievable within two business days.
(f) An agent or broker may maintain the
				  records, which are otherwise required by this article to be kept at the
				  principal office, at a secondary office upon obtaining specific written
				  authorization from the Insurance Commissioner, which authorization may impose
				  any conditions or restrictions which the Insurance Commissioner deems to be
				  necessary and proper.
1. Amendment
					 filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
					 Amendment of subsections (a) and (c) and new NOTE filed 8-28-98; operative
					 9-27-98 (Register 98, No. 35).
3. Amendment of subsection (a) and
					 amendment of NOTE filed 7-14-2003 as an emergency; operative 7-14-2003
					 (Register 2003, No. 29). A Certificate of Compliance must be transmitted to OAL
					 by 11-12-2003 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 7-14-2003 order
					 transmitted to OAL 11-5-2003 and filed 12-22-2003 (Register 2003, No.
					 52).
Note: Authority cited: Sections
						1727,
						1763 and
						1768,
						Insurance Code. Reference: Sections
						1639,
						1727,
						1763,
						1767 and
						1768,
						Insurance Code.