reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2121 - Same; Commission Payment to, Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The paying or allowing of any commission or other
						valuable consideration on insurance by any insurer or licensee to an unlicensed
						dealer or to a licensee in connection with insurance which was not lawfully
						transacted by the licensee, by crediting the dealer's reserve or by paying a
						bonus, or otherwise, constitutes an unlawful rebate.
1.
						Amendment filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
2. Change without regulatory effect amending section filed
						7-14-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 29). Filing deadline specified in Government
						Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2121.5 - Duty of Licensee; Remission of Premium; Refund of Finance Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No licensed dealer or dealer's subsidiary shall enter
						into or proceed under any contract, agreement or other arrangement under or
						pursuant to which any premium for insurance which is included in the unpaid
						balance of any contract of sale is not remitted to the insurer or person
						entitled thereto within 90 days after the execution of such contract.
If such premium or the net portion due is not so actually
						remitted to such persons within said 90 days the licensed dealer or dealer's
						subsidiary shall be responsible for the refund to the purchaser of the finance,
						interest, time price differential, service charge or any other fee based upon
						such premium for any period prior to its actual remission. Such refund shall be
						made in the same manner as is provided for a refund in Section
						2115.
1. New
						section filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2122 - Return Premium; Account to Purchaser

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every licensed dealer or dealer's subsidiary who, in
						connection with a motor vehicle transaction, effects the cancellation of an
						existing insurance policy pursuant to written authority from the purchaser and
						takes from the purchaser an assignment of the return premium thereon, or who,
						in connection with such transaction, takes from the purchaser an assignment of
						any return premium which may develop upon a future cancellation shall, in
						either event, upon such cancellation apply the full amount of the gross return
						premium toward the purchase of replacing insurance required by the contract of
						sale; except that if the amount thereof be in excess of the amount required for
						replacing insurance, if there be no replacing insurance or if the premium for
						such replacing insurance is not included in any contract of sale, such excess
						or such gross return premium, as the case may be, shall be refunded to the
						purchaser in one of the following ways:
(1) By cash or check, immediately,
(2) By crediting the next payments due on the
					 purchaser's contract of sale, or
(3) By crediting the last payments due on the
					 purchaser's contract of sale; in which event such refund shall include a refund
					 of all finance, interest, time price differential, service charges or other
					 fees properly allocable to the amount of the refund from the date of such
					 cancellation.
(4) If the contract
					 of sale has been assigned, sold or transferred by payment to the holder thereof
					 with instructions to credit or pay the refund in any one of the three preceding
					 alternative ways.
1. New
						section filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2123 - Same; Form of Assignment to Dealer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The assignment referred to in Section
						2122 shall be in writing and shall
						contain, in substance, the following provision:
"In consideration of allowing me credit for the full
						amount of the gross return premium on Policy No. __________covering my 19 ___
						automobile, I hereby assign to __________ all my right, title and interest in
						and to such return premium."
A signed copy of such assignment shall be retained by the
						person taking the assignment in the records and files of the person's insurance
						transactions.
1.
						Amendment filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
2. Change without regulatory effect amending final paragraph
						filed 7-14-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 29). Filing deadline specified in Government
						Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2124 - Refund or Additional Charge Less Than $1.00 Waived

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the total amount of any refund or additional charge
						required by any provision of this article is less than $1.00 no licensee is in
						violation of this article if the licensee fails to make such refund or
						charge.
1.
						Amendment filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
2. Change without regulatory effect amending section filed
						7-14-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 29). Filing deadline specified in Government
						Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2125 - Duty to Deliver Policy or Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where an insurer executes a policy or
					 certificate evidencing insurance and delivers the original or a true copy
					 thereof to a dealer, dealer's subsidiary or other licensee, for transmittal to
					 the purchaser or owner, it shall be the duty of said dealer, dealer's
					 subsidiary or other licensee to deliver such original or copy to the purchaser
					 and to each owner of the motor vehicle.
(b) Where insurance coverage is evidenced by
					 a policy or certificate executed by a dealer, dealer's subsidiary or other
					 licensee duly authorized pursuant to Chapter 5, Part 2, Division 1 of the
					 Insurance Code, it shall be the duty of said dealer, dealer's subsidiary or
					 other licensee to deliver the original or a true copy thereof to the purchaser
					 and to each owner of the motor vehicle.
1.
						Amendment filed 9-5-61; designated 1-1-62 (Register 61, No.
						18).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2126 - Compliance Required in Addition to Insurance Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compliance with these rules and regulations is not
						exclusive but is required in addition to compliance with any and all provisions
						of the Insurance Code.
1.
						Amendment filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3 - Motor Vehicle Insurance › Regulations › Section 2127 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A violation of this article constitutes a violation of
						Insurance Code Section
						383.5 and
						is grounds for the suspension, revocation or denial of licenses issued by this
						Department in accordance with the provisions of the Insurance Code relating
						thereto.
1.
						Amendment filed 9-5-61; designated effective 1-1-62 (Register 61, No.
						18).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated pursuant to the authority
					 granted the Insurance Commissioner by the California State Legislature under
					 the provisions of Assembly Bill No. 62 (Stats. 1999, Ch. 618). On and after
					 January 1, 2001, no rental car company may sell or offer insurance without
					 complying with Sections
					 1758.8-
					 1758.891 of
					 the Insurance Code and these regulations.
1. New
					 article 3.5 (sections
					 2130-2130.8) and section filed
					 12-6-2000 as an emergency; effective 12-6-2000; operative 1-1-2001 pursuant to
					 Insurance Code section
					 1758.891
					 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL
					 by 4-5-2001 or emergency language will be repealed by operation of law on the
					 following day.
2. Repeal of article 3.5 (sections
					 2130-2130.8) and repeal of section
					 by operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 18).
3. New article 3.5 (sections
					 2130-2130.8) and section filed
					 4-30-2001 as an emergency; operative 4-30-2001 (Register 2001, No. 18). A
					 Certificate of Compliance must be transmitted to OAL by 8-28-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Repeal of article 3.5 (sections
					 2130-2130.8) and repeal of section
					 by operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 39).
5. New article 3.5 (sections
					 2130-2130.8) and section filed
					 9-25-2001 as an emergency; operative 9-25-2001 (Register 2001, No. 39). A
					 Certificate of Compliance must be transmitted to OAL by 1-23-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Repealer of article 3.5 (sections
					 2130-2130.8) and section by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 5).
7. New article 3.5 (sections
					 2130-2130.8) and section filed
					 1-31-2002 as an emergency; operative 1-31-2002 (Register 2002, No. 5). A
					 Certificate of Compliance must be transmitted to OAL by 5-31-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
8. Certificate of Compliance as to 1-31-2002 order, including
					 amendment of section and NOTE, transmitted to OAL 2-6-2002 and filed 3-21-2002
					 (Register 2002, No. 12).
Note: Authority cited: Section
						2, A.B. 62 (Stats. 1999, c. 618).
						Reference: Sections
						1758.8-
						1758.891,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations and in Article 16.6
					 (commencing with Section
					 1758.8) of the Insurance
					 Code:
(a) "Authorized insurer" means
				  an insurer holding a California certificate of authority that includes the
				  kinds of insurance enumerated in Section
				  1758.85 of
				  the Insurance Code.
(b) "Franchise"
				  and its derivatives are as defined in the California Corporations Code, Title
				  4, Division 5, Part 1 (commencing with Section
				  31005).
(c) "Organization" means a partnership,
				  limited liability company, association, or corporation. Where reference is made
				  to a natural person named on an organization license, the reference shall be to
				  a person who is named to exercise the power and perform the duties under an
				  organization license.
1. New
					 section filed 12-6-2000 as an emergency; effective 12-6-2000; operative
					 1-1-2001 pursuant to Insurance Code section
					 1758.891
					 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL
					 by 4-5-2001 or emergency language will be repealed by operation of law on the
					 following day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 18).
3. New section filed 4-30-2001 as an
					 emergency; operative 4-30-2001 (Register 2001, No. 18). A Certificate of
					 Compliance must be transmitted to OAL by 8-28-2001 or emergency language will
					 be repealed by operation of law on the following day.
4. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 39).
5. New section filed 9-25-2001 as an
					 emergency; operative 9-25-2001 (Register 2001, No. 39). A Certificate of
					 Compliance must be transmitted to OAL by 1-23-2002 or emergency language will
					 be repealed by operation of law on the following day.
6. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 5).
7. New section filed 1-31-2002 as an
					 emergency; operative 1-31-2002 (Register 2002, No. 5). A Certificate of
					 Compliance must be transmitted to OAL by 5-31-2002 or emergency language will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-31-2002 order transmitted to OAL 2-6-2002 and filed
					 3-21-2002 (Register 2002, No. 12).
Note: Authority cited: Section
						2, A.B. 62 (Stats. 1999, c. 618).
						Reference: Sections
						1628 and
						1758.85,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.2 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate
				  license shall be applied for and obtained by each natural person (i.e.,
				  individual) or organization that intends to act as a rental car agent.
(1) An individual licensee may own or act as
				  the franchisee of more than one rental car company without obtaining additional
				  licenses.
(2) An organization
				  licensee may act as the franchisee of more than one rental car company without
				  obtaining additional licenses.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.3 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A fee of $340
				  shall be paid at the time the license application is filed.
(1) Applications that are not accompanied by
				  the appropriate fee shall not be accepted for filing, whether or not they
				  contain all the documents otherwise required by Sections
				  1758.81(a)
				  and
				  1758.82(c)
				  of the Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.4 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The brochures
				  or other written materials that are provided to the prospective renter pursuant
				  to Section
				  1758.86 of
				  the Insurance Code shall include, among other information:
(1) the approved true or fictitious name
				  under which the licensee is doing business at the location in which the rental
				  transaction is taking place;
(2)
				  the name(s) of any insurer(s) providing the insurance being offered to the
				  prospective purchaser.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.5 - Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A separate set
				  of training materials shall be prepared and submitted to the Commissioner for
				  each insurance product sold.
(1) If endorsees
				  of a single licensee doing business under the same name at multiple locations
				  are selling the same insurance product, no more than one set of training
				  materials shall be prepared and submitted to the Commissioner for that
				  product.
(2) Insurance products
				  provided by different insurers shall be deemed to be different products for the
				  purpose of these regulations.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.6 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Records of
				  insurance transactions and other documents required by Article 16.6 (commencing
				  with Section
				  1758.8) of the Insurance Code and
				  these regulations shall be maintained for at least three (3) years after the
				  expiration or cancellation date of the policy to which the records pertain,
				  except where otherwise specifically authorized by statute or the
				  Commissioner.
(b) Records shall be
				  kept in this State, in the principal office of the licensee, except where
				  otherwise specifically authorized by statute or the Commissioner.
(c) Records shall be produced for examination
				  by the Commissioner or a designee of the Commissioner within 30 days of the
				  mailing date of a written request. Records may be requested in electronic or
				  written format.
1. New
					 section filed 12-6-2000 as an emergency; effective 12-6-2000; operative
					 1-1-2001 pursuant to Insurance Code section
					 1758.891
					 (Register 2000, No. 49). A Certificate of Compliance must be transmitted to OAL
					 by 4-5-2001 or emergency language will be repealed by operation of law on the
					 following day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 18).
3. New section filed 4-30-2001 as an
					 emergency; operative 4-30-2001 (Register 2001, No. 18). A Certificate of
					 Compliance must be transmitted to OAL by 8-28-2001 or emergency language will
					 be repealed by operation of law on the following day.
4. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2001, No. 39).
5. New section filed 9-25-2001 as an
					 emergency; operative 9-25-2001 (Register 2001, No. 39). A Certificate of
					 Compliance must be transmitted to OAL by 1-23-2002 or emergency language will
					 be repealed by operation of law on the following day.
6. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 5).
7. New section filed 1-31-2002 as an
					 emergency; operative 1-31-2002 (Register 2002, No. 5). A Certificate of
					 Compliance must be transmitted to OAL by 5-31-2002 or emergency language will
					 be repealed by operation of law on the following day.
8. Certificate
					 of Compliance as to 1-31-2002 order, including amendment of subsection (c),
					 transmitted to OAL 2-6-2002 and filed 3-21-2002 (Register 2002, No.
					 12).
Note: Authority cited: Section
						2, A.B. 62 (Stats. 1999, c. 618).
						Reference: Section
						1758.82,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 3.5 - Rental Car Agent Licensing Regulations › Section 2130.8 - Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  criteria shall apply to procedures employed by the Commissioner in considering
				  and issuing licenses:
(1) If the application
				  is deficient, the Commissioner shall, within twenty-one (21) calendar days of
				  receipt of the license application, inform the applicant, in writing, that the
				  application is deficient and what specific information is required for
				  completion.
(2) The Commissioner
				  shall, within thirty (30) calendar days of filing of a completed application,
				  reach a decision whether to issue or deny a license, and shall notify the
				  applicant of the decision. If the Commissioner has decided to deny the
				  application, the reason(s) therefor shall be set forth in the
				  notification.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Licensees Other than Surplus Line Brokers › Section 2131 - Misrepresentation by Licensee to Surplus Line Broker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person licensed by the Insurance
					 Commissioner who misrepresents, to any surplus line broker, any material fact
					 regarding insurance coverage, or misrepresents to such surplus line broker
					 facts with regard to the rules of submission or rates, or in any way conspires
					 to procure nonadmitted insurance in violation of the law or of the basic
					 principles herein set forth, will by doing so become subject to action in
					 respect to such licensed person's license as provided by Section
					 1731 of the
					 Insurance Code. (Ins. C. 1760.5.)
(b) This rule relating to other licensees
					 shall not relieve the surplus line broker of the surplus line broker's duty
					 under the law.
1. Change
						without regulatory effect amending section filed 7-14-2021 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 29). Filing deadline specified in Government
						Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order
						N-40-20.
Note: 2131 to 2172, inclusive, issued under authority
						  contained in Section
						  1763,
						  Insurance Code. The source of §§
													2050 to
						  2324, inclusive, is the Rules and
						  Regulations, Insurance Commissioner.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Basic Principles › Section 2132 - Preference to Admitted Insurers; Collection of Tax

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All questions involving violation or alleged violation of
						the Surplus Line Brokers' Act, Chapter 6, Part 2, Division 1, Insurance Code,
						hereinafter referred to as the "Act," will be viewed by the commissioner upon
						the basis of whether or not as to each such question there has been any
						violation of the following basic principles:
(a) The Act is designed to grant a preference
					 to insurers admitted to do business in this State, with the specific exceptions
					 contained therein, and insurance coverage may not be solicited for, or
					 contracts of insurance placed with, any nonadmitted insurer, unless and until
					 such coverage is not procurable from a majority of the admitted insurers
					 holding certificates of authority to transact the class or classes of insurance
					 involved in such insurance contracts.
(b) The act is designed only to provide a
					 medium through which citizens of this State may obtain from nonadmitted
					 insurers coverage not readily procurable from admitted insurers.
(c) The act requires the collection of a tax
					 upon premiums for insurance placed with nonadmitted insurers.
The above basic principles shall govern in all matters
						relating to the act. General and specific rules are hereinafter incorporated
						for the purpose of facilitating the application of the basic principles, and
						are not to be used for the purpose of avoiding or defeating these basic
						principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2133 - Submission to Admitted Insurers: "Class" Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Submission to admitted insurers is always required except
						as hereinafter expressly otherwise stated.
Forms of Coverage. ("Class" means the classes enumerated
						and defined in Sections
						100 to
						120, inclusive, of the Insurance
						Code).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2134 - Not Unprocurable If Admitted Insurer Cannot Lawfully Issue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No insurance will be deemed unprocurable from a majority
						of admitted insurers, and therefore eligible for placing with nonadmitted
						insurers, if the proposed form of contract cannot lawfully be issued by an
						admitted insurer.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2135 - Not Unprocurable If Combination of Classes Not Authorized

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The refusal of admitted insurers to write a form of
						contract is not a basis for the contention that such insurance is not
						procurable from a majority of admitted insurers, if the form of contract
						involves a combination of classes of insurance which cannot lawfully be
						combined in a single certificate of authority to one admitted insurer. In such
						case separate forms of contract, each incorporating a class or a lawful
						combination of classes, must be offered to and refused by a majority of
						insurers admitted for each such class or combination of classes, before such
						insurance can be placed with nonadmitted insurers.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2136 - Artificial Division of Coverage Prohibited

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Artificial divisions of coverage in one class or in any
						form of coverage under one class, into two or more proposed contracts, for the
						purpose of rendering a portion of the coverage unacceptable to a majority of
						insurers admitted for that class, or for the purpose of obtaining a rate
						advantage upon the entire risk, is prohibited where the entire coverage sought
						in that class or form would be acceptable as a single contract to such
						'majority of admitted insurers.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2137 - Refusal by Admitted Insurers to Write Lawful Coverage by Mutual Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The refusal of a majority of admitted insurers to write a
						lawful form of coverage offered them, solely upon the basis of mutual agreement
						so not to write, where such form of coverage can be demonstrated to be proper
						and necessary to the protection of the citizen (and not prohibited by law),
						will permit the surplus line broker to write such coverage in non-admitted
						insurers upon such refusal. A test of good faith of the surplus line broker in
						each such transaction will be a comparison of the rate or premium involved.
						Compliance with filing requirements of Section
						1763 of the
						Insurance Code will be enforced.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Submission Rules › Section 2138 - Rejection of Part of Class by Admitted Insurers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where one portion of insurance in one class is acceptable
						to admitted insurers, but another portion in the same class is not acceptable,
						then if it can be shown that nonadmitted insurers will accept the entire
						coverage but not the rejected portion alone, the entire coverage in that class
						may be placed with nonadmitted insurers after approval by the
						commissioner.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rates for Coverage › Section 2139 - Offered at Specified Rate: Filing with Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No form of coverage offered to admitted insurers upon the
						basis of a specified rate or premium will be considered eligible for
						nonadmitted writing, unless filed with the commissioner, subject to the
						provisions of Section
						1763 of the
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rates for Coverage › Section 2140 - Use of Broker's License for Rate Competition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The use of a surplus line broker's license for the sole
						purpose of premium or rate competition with admitted insurers is prohibited.
						The commissioner is of the opinion, however, that the act does not contemplate
						the forcing by admitted insurers of unreasonable or arbitrary rates upon the
						insuring public.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2141 - Life Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 101.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2142 - Fire Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 102.) Attention is directed to the law
						prohibiting the use of any form other than the California Standard Form Fire
						Insurance Policy. (Ins. C. 2070.) This applies to both primary and excess fire
						insurance.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2143 - Earthquake Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
First loss (primary) earthquake insurance may be procured
						from non-admitted insurers. If at least one of the following elements is
						present, such insurance may be procured from such insurers without restriction
						as to rates:
(a) The deductible is at
					 least 25 percent less than the following:
(1)
					 For dwellings of Class D (one to four dwellings) Construction (including farm
					 dwellings) and the contents thereof.
One-half of 1 percent of the value of the property
						insured or $250, whichever is the higher.
(2) For all other buildings of Class I to VI
					 Construction (wood frame, stucco, steel frame or steel and re-enforced
					 concrete) and the contents thereof
One-half of 1 percent of the value of the property
						insured or $1,000, whichever is the higher
(3) For buildings of Classes VIIa and VIIb
					 (ordinary brick building not re-enforced) Construction and the contents thereof
2 percent of the value of the property insured or $2,000,
						whichever is the higher
(4)
					 For buildings of Classes VIIIa and VIIIb (hollow tile or hollow concrete block)
					 Construction and the contents thereof
5 percent of the value of the property insured or $3,000,
						whichever is the higher.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2144 - Riot, Strike, Civil Commotion and Malicious Damage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The noncancellable feature of policies of this form
						constitutes a material advantage to the insured not now procurable from
						admitted insurers. Such noncancellable insurance, but not cancellable
						insurance, is therefore exempt until further notice from the submission
						rules.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2145 - Depreciation Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Until admitted insurers provide a market for depreciation
						insurance, such insurance may be procured from nonadmitted insurers, exempt
						until further notice from the submission rules. Coverage offered must not in
						any way encroach upon primary fire insurance.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2146 - Collapse Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Until admitted insurers provide a market for collapse
						insurance, such insurance may be procured from nonadmitted insurers, exempt
						until further notice from the submission rules. Coverage submitted or written
						must specifically exclude all loss or damage arising from earthquake or fire.
						Earthquake or fire insurance may be placed with nonadmitted insurers only under
						the rules applicable to each.
Marine Insurance.
(Ins. C. 103.)
						(Classification includes inland marine insurance.)
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2147 - (a) Furriers Block Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This form has been submitted for a ruling as to whether
						or not same is permissible for nonadmitted insurers. The request for ruling is
						based upon a form similar to the Jewelers Block Form but covering furs, namely
						covering not only merchandise in stock at the assured's permanent location or
						locations, but outside risk of the insured against fire arid supplementary
						lines, burglary and other hazards. Unlike the Jewelers Block Form Section
						103 of the
						Insurance Code does not authorize issuance of such policies covering furs as
						marine insurance.
Forms in nonadmitted insurers covering all hazards of the
						Furriers Block Policy but specifically excepting fire and supplemental
						coverages attaching to assured's merchandise at assured's permanent location or
						locations are permissible for writing in nonadmitted insurers subject to the
						submission rules.
It will be understood that the rates applying to the
						several burglary coverages of the Block policy will be not less than those
						quoted by admitted insurers.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2148 - Negative Film Floater

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This form may be placed with nonadmitted insurers subject
						to the general rules and basic principles. Present forms submitted to the
						Commissioner as being those in use by nonadmitted insurers do not, in my
						opinion, offer substantial difference in coverage.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2149 - Other Forms of Inland Marine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All other forms of Inland Marine Insurance must be
						submitted in conformity with the general rules and basic
						principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2150 - Title Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 104.) No forms of policies having been
						submitted, the writing of non-admitted insurance must be in conformity with the
						general rules and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2151 - Surety Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 105.) (Attention is directed to the Code
						definition which includes Fidelity Insurance and Bankers, Brokers and
						Commercial Blanket Bonds.)
No forms of policies having been submitted, the writing
						of nonadmitted insurance must be in conformity with the general rules and basic
						principles. Compliance with filing requirements of Section
						1763 of the
						Insurance Code will be enforced.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2152 - Disability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 106.) No forms have been submitted, but it has
						been brought to the notice of the Commissioner that risks involving "special
						hazards" can not be placed in admitted markets. All risks involving "special
						hazards" may be placed with nonadmitted insurers subject to the general rules
						and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2153 - Plate Glass

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 107.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2154 - Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 108.) (It should be noted that the code
						definition of Liability Insurance includes "insurance against loss resulting
						from liability for damage to property or property interests of others, but does
						not include workmen's compensation, common carrier liability, boiler and
						machinery or team and vehicle insurance.")
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2155

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The question has been submitted as to the propriety of
						dividing liability lines into:
(a)
(1) Primary coverage and
(2) Excess coverage for submission purposes,
					 and the Commissioner has been asked to rule whether such division would be
					 considered a violation of the artificial division rule.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2156

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All excess insurance shall be subject to the general
						rules and basic principles, and is available for nonadmitted insurers only upon
						a majority refusal by admitted insurers.*
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2157

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special situations arising in connection with coverages
						such as Hospital Malpractice Liability and Hospital Liability for the same risk
						will be governed by Section
						2138.*
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2158 - Workmen's Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 109.) By virtue of the Attorney General's
						opinion under date of July 26, 1948, the writing of excess aggregate (stop
						loss) and excess catastrophe (straight excess) was declared to be subject to
						the minimum rating law (Ins. C. 11730 to 11742), and the policy approval law.
						(Ins. C. 11650 to 11662)*
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2159 - Common Carrier Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 110.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles.
(a) Questions of
(1) Primary coverage and
(2) Excess coverage are subject to the same
					 rules and regulations as defined under Liability, Section
					 2155.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2160 - Boiler and Machinery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 111.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles. Questions of
(a) Primary coverage and
(b) Excess coverage
are subject to the same rules and regulations as defined
						under Liability, Section
						2155.*
__________
*For statutory and source citation, see note to §
												2131.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2161 - Burglary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 112.) "Form G" burglary policy issued by Lloyds,
						London, has been submitted. The questions raised are under two heads:
(1) rate and co-insurance;
(2) extension of coverage to premises"
					 instead of "within the residence" as appearing in forms of admitted insurers,
					 and to personal effects in hotels.
(a) As to
					 question (1), rate and co-insurance: Until admitted insurers recognize the
					 apparent reasonableness of a substantial reduction in rate per unit of coverage
					 upon application of the 100% co-insurance clause, it is hereby ruled that
					 refusal of a majority of admitted insurers to accept upon the basis of 100%
					 co-insurance, with reasonable rate allowance therefor, may be considered a
					 refusal to write, and permits the surplus line broker to place coverage with a
					 nonadmitted insurer.
(b) As to
					 question (2) extension of coverage to "premises" instead of "within the
					 residence," it is ruled that the insured is entitled to procure coverage on
					 property located on the "premises" and if such coverage is not procurable from
					 a majority of admitted insurers, an offering upon the basis of inclusion of
					 such coverage win be considered sufficient to comply with the submission rules.
					 As to coverage in hotels or away from the premises, this ruling will not apply;
					 inasmuch as a majority of admitted insurers are writing tourist floater or
					 traveller's policies.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2162 - Same: Other Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All other forms of burglary insurance must be written in
						conformity with the general rules and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2163 - Credit Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 113.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 1 - Production of Insurance › Article 4 - Surplus Lines › Rules Covering Specific Policy Forms Heretofore Submitted to the Commissioner › Section 2164 - Sprinkler

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(Ins. C. 114.) No forms of policies having been
						submitted, the writing of nonadmitted insurance must be in conformity with the
						general rules and basic principles.