reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the regulations is to specify procedures for
				  ratemaking and forms approval, define the type and quality of investments the
				  Authority is authorized to make, define coverage types and limits, set forth
				  producer compensation rates, specify the procedures to be followed by the
				  Authority following an earthquake where the magnitude of losses make it likely
				  that prorated benefits may be paid, and instruct participating insurers how and
				  when to notify each of its insureds that the Authority is the provider of
				  earthquake coverage. Promulgation of these regulations, as required by statute,
				  acts to implement, interpret, and make specific Chapter 8.6 (commencing with
				  Section 10089.1) of Part 1 of Division 2
				  of the California Insurance Code.
1. New section
				  filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A
				  Certificate of Compliance must be transmitted to OAL by 3-18-97 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				  language will be repealed by operation of law on the following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 Repealed by operation of Government Code section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 97, No. 14).
3. New section filed 4-1-97 as an emergency;
				  operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-30-97 or emergency language will be repealed by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 Repealed by operation of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 97, No. 32).
5. New section filed 8-4-97 as an emergency;
				  operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 12-2-97 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98,
				  No. 3).
Note: Authority cited: Sections
					 10089.11(a)
					 and
					 10089.28(b),
					 Insurance Code. Reference: Sections
					 10089.11(a),
					 10089.28(b)
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Authority"
				means the California Earthquake Authority as created in and authorized by
				Insurance Code Section
				10089.6,
				subdivision (a).
(b) "Basic
				residential earthquake insurance policy" means the policy of residential
				earthquake insurance described in Insurance Code Section
				10089, as
				augmented by the provisions of Insurance Code Section
				10089.5,
				subdivision (c).
(c) "Commissioner"
				means the Insurance Commissioner of the State of California.
(d) "Board" or "Governing Board" means the
				Governing Board of the Authority as authorized and required by Insurance Code
				Section
				10089.7,
				subdivision (a).
(e) "Participating
				insurer" means an insurer that has elected to join the Authority and, in
				accordance with all applicable statutory, regulatory, and contractual
				requirements, has agreed to contribute start-up and contingent capital to the
				Authority and place all its basic residential earthquake insurance business
				with the Authority.
(f)
				"Residential property insurance policy" means those policies described in
				Insurance Code Section
				10087.
(g) A "qualifying residential property" is
				any residential dwelling described in Insurance Code Section
				10087.
1. New section
				  filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A
				  Certificate of Compliance must be transmitted to OAL by 3-18-97 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 97, No. 14).
3. New section filed 4-1-97 as an emergency;
				  operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-30-97 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 97, No. 32).
5. New section filed 8-4-97 as an emergency;
				  operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 12-2-97 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98,
				  No. 3).
7. Amendment of section and NOTE filed 5-11-99; operative
				  6-10-99 (Register 99, No. 20).
Note: Authority cited: Sections
					 10087,
					 10089,
					 10089.5(a) and
					 (c),
					 10089.6(a)
					 and
					 10089.7(a),
					 Insurance Code. Reference: Sections
					 10089.11(a)
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.3 - Ratemaking

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In setting its
				rates, the Authority shall be governed by the provisions of Insurance Code
				Section
				10089.40.
(b) In order to establish or change any rate,
				the Authority shall file a complete rate application with the Commissioner. A
				complete rate application shall include:
(1)
				all the data referred to in Insurance Code Sections
				1857.7,
				provided, however, that the Commissioner may permit the Authority to state that
				required data in terms that are applicable to and reflective of the Authority's
				enabling statutes, its status as an instrumentality of the State of California,
				and its inherent characteristics;
(2) the data referred to in Insurance Code
				Section
				1857.9(a);
(3) the data required by Insurance Code
				Section
				1864;
				and
(4) such other information as
				the Commissioner may require.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.4 - Forms Approval and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Authority shall draft policies of earthquake insurance that are consistent
				with its enabling statutes and Plan of Operation. Before the Authority issues
				any policy of earthquake insurance, the policy shall first be considered and
				specifically approved by the Governing Board.
(b) After the Governing Board's approval, the
				Authority shall file the approved policies with the Department of Insurance and
				shall not offer any policy for sale until the Insurance Commissioner has
				approved its form and content.
1. New section
				  filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A
				  Certificate of Compliance must be transmitted to OAL by 3-18-97 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 97, No. 14).
3. New section filed 4-1-97 as an emergency;
				  operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-30-97 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 97, No. 32).
5. New section filed 8-4-97 as an emergency;
				  operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 12-2-97 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98,
				  No. 3).
Note: Authority cited: Sections
					 10089.11
					 and
					 10089.28,
					 Insurance Code. Reference: Sections
					 10089.11(a)
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.5 - Investments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The investments
				of the Authority shall be limited to those securities eligible under Section
				16430 of
				the Government Code.
(b) The
				California Earthquake Authority shall invest moneys that are deposited in the
				California Earthquake Authority Fund according to the investment policies and
				guidelines adopted from time to time by the Board. Moneys of the Authority may
				be invested and deposited according to the provisions of Insurance Code Section
				10089.22(c).
1. New section
				  filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A
				  Certificate of Compliance must be transmitted to OAL by 3-18-97 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 97, No. 14).
3. New section filed 4-1-97 as an emergency;
				  operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-30-97 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 97, No. 32).
5. New section filed 8-4-97 as an emergency;
				  operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 12-2-97 or emergency language will be repealed by
				  operation of law on the following day.
6. Certificate of Compliance
				  as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98,
				  No. 3).
Note: Authority cited: Sections
					 10089.6 and
					 10089.22(c),
					 Insurance Code; and Section
					 16430,
					 Government Code. Reference: Sections
					 10089.7,
					 10089.11
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.61 - Additional Requirements for Offer of Optional-Limits Basic Residential Earthquake Insurance Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the Authority may offer
				optional-limits basic residential earthquake insurance policies, the governing
				board must first certify that selling such insurance furthers the Authority's
				charge in Insurance Code Section
				10089.10 to
				achieve maximum capacity for writing earthquake coverage. The sale by the
				Authority of any optional-limits basic residential earthquake insurance
				policies must be actuarially sound.
(b) The Commissioner finds that integrating
				the formerly separate optional-limits program that had been in operation from
				1999 through 2007 with the base-limits program serves the public interest by
				permitting the two programs to be financed together at an expected overall
				saving and by simplifying the program for the Authority, participating
				insurers, and consumers. This integration renders the former maintenance of
				separate funds within the Authority unnecessary and inappropriate. Any
				inter-fund transfer obligation that may exist at the time of integration will
				cease to exist.
1. New section
				  filed 5-11-99; operative 6-10-99 (Register 99, No. 20).
2. New
				  subsections (b)(iii)-(v) filed 11-15-2006 as an emergency; operative 11-15-2006
				  (Register 2006, No. 46). A Certificate of Compliance must be transmitted to OAL
				  by 3-15-2007 or emergency language will be repealed by operation of law on the
				  following day.
3. Certificate of Compliance as to 11-15-2006 order,
				  including further amendment of subsection (b), redesignation and amendment of
				  former subsection (b)(iii), (b)(iv) and (b)(v) as new subsections (c), (c)(i)
				  and (c)(ii) and subsection relettering, transmitted to OAL 3-15-2007 and filed
				  4-25-2007 (Register 2007, No. 17).
4. Amendment of subsection (a),
				  repealer of former subsections (b)-(e) and new subsection (b) filed 4-30-2008;
				  operative 5-30-2008 (Register 2008, No. 18).
Note: Authority cited: Sections
					 10087,
					 10089.5(c),
					 10089.11,
					 10089.20
					 and
					 10089.26(a)(1),
					 Insurance Code. Reference: Sections
					 10089,
					 10089.11(a),
					 10089.28(b)
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697.7 - Producer Compensation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The rate of commission payable by the Authority as producer compensation shall
				be 10% (ten percent) of the gross written premium for the policy.
(b) In the event of cancellation of a basic
				residential earthquake insurance policy issued by the Authority, or the
				issuance by the Authority of an endorsement that requires a premium to be
				returned to the insured, the producer shall refund to the insured or the
				Authority, as applicable and on a pro rata basis, commissions on the unearned
				premium.
1. New section
				  filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A
				  Certificate of Compliance must be transmitted to OAL by 3-18-97 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Amendment of subsection (a) filed 12-19-96 as an emergency;
				  operative 12-19-96 (Register 96, No. 51). A Certificate of Compliance must be
				  transmitted to OAL by 4-18-97 or emergency language will be repealed by
				  operation of law on the following day.
3. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 97, No. 14).
4. New section filed 4-1-97 as an emergency;
				  operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-30-97 or emergency language will be repealed by
				  operation of law on the following day.
5. Repealed by operation of
				  Government Code section
				  11346.1(g)
				  (Register 97, No. 32).
6. New section filed 8-4-97 as an emergency;
				  operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be
				  transmitted to OAL by 12-2-97 or emergency language will be repealed by
				  operation of law on the following day.
7. Certificate of Compliance
				  as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98,
				  No. 3).
Note: Authority cited: Section
					 10089.11(b),
					 Insurance Code. Reference: Sections
					 10089.11
					 and
					 12921,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 1 - DEFINITIONS › Section 2698 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5001.5, 5003(g) and
						5010, Insurance Code. Reference:
						Sections 5000, 5001, 5001.5,
						5003(a),
						5003(b),
						5003(g),
						5004,
						5005(a),
						5005(c),
						5008 and
						5010, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 2 - COLLECTIONS › Section 2698.1 - Determination to Collect

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Sections 5001(c),
						5003(c) and
						5008, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 2 - COLLECTIONS › Section 2698.2 - Collection Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5003(a), 5003(g), 5005(c)
						and 5010, Insurance Code. Reference:
						Sections 5003 and 5005(c), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 2 - COLLECTIONS › Section 2698.3 - Administrative Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5003(b), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 3 - REMITTANCE OF SURCHARGE AND INFORMATION › Section 2698.4 - Remittance of Surcharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5003(a) and 5010,
						Insurance Code. Reference: Sections 5003(a) and 5003(c), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 3 - REMITTANCE OF SURCHARGE AND INFORMATION › Section 2698.5 - Remittance of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5003(c), Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 4 - DUTIES AND LIABILITY FOR SURCHARGE › Section 2698.6 - Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5003, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 4 - DUTIES AND LIABILITY FOR SURCHARGE › Section 2698.7 - Liability for Surcharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5003, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 5 - CLAIMS AND APPEALS › Section 2698.8 - Filing Claims and Late Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Assembly Bill No. 2049, Chapter
						1251. Reference: An act to repeal Chapter 4.5 (Commencing with Section 5000) of
						Part 1 of division 2 of the Insurance Code, relating to insurance and making an
						appropriation therfor. (Approved by Governor September 29, 1992. Filed with
						Secretary of State September 30, 1992.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 5 - CLAIMS AND APPEALS › Section 2698.9 - Claims Adjustment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Assembly Bill No. 2049, Chapter
						1251. Reference: An act to repeal Chapter 4.5 (Commencing with Section 5000) of
						Part 1 of division 2 of the Insurance Code, relating to insurance and making an
						appropriation therfor. (Approved by Governor September 29, 1992. Filed with
						Secretary of State September 30, 1992.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 5 - CLAIMS AND APPEALS › Section 2698.10 - Eligibility Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Assembly Bill No. 2049, Chapter
						1251. Reference: An act to repeal Chapter 4.5 (Commencing with Section 5000) of
						Part 1 of division 2 of the Insurance Code, relating to insurance and making an
						appropriation therfor. (Approved by Governor September 29, 1992. Filed with
						Secretary of State September 30, 1992.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 5 - CLAIMS AND APPEALS › Section 2698.11 - Payment Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Assembly Bill No. 2049, Chapter
						1251. Reference: An act to repeal Chapter 4.5 (Commencing with Section 5000) of
						Part 1 of division 2 of the Insurance Code, relating to insurance and making an
						appropriation therfor. (Approved by Governor September 29, 1992. Filed with
						Secretary of State September 30, 1992.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 5 - CLAIMS AND APPEALS › Section 2698.12 - Determination of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Assembly Bill No. 2049, Chapter
						1251. Reference: An act to repeal Chapter 4.5 (Commencing with Section 5000) of
						Part 1 of division 2 of the Insurance Code, relating to insurance and making an
						appropriation therfor. (Approved by Governor September 29, 1992. Filed with
						Secretary of State September 30, 1992.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 6 - PAYMENTS › Section 2698.13 - Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5005, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 6 - PAYMENTS › Section 2698.14 - Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 5003(g) and 5010,
						Insurance Code. Reference: Sections 5003(g), 5005, 5005.1, 5005.2 and
						5007, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 7 - RECORDS, ACCOUNTING, INSPECTIONS AND AUDITS › Section 2698.15 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Sections 5002,
						5003 and 1727, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 7 - RECORDS, ACCOUNTING, INSPECTIONS AND AUDITS › Section 2698.16 - Accounting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Sections 5002 and
						5003, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 7 - RECORDS, ACCOUNTING, INSPECTIONS AND AUDITS › Section 2698.17 - Inspections and Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Sections 5002 and
						5003, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 8 - NOTICES › Section 2698.18 - Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5009, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 9 - CONFIDENTIALITY › Section 2698.19 - Information Confidential

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5002, Insurance
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 9 - CONFIDENTIALITY › Section 2698.20 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Section 5003, Insurance Code; and section
						1798.24, Civil
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 8 - California Residential Earthquake Recovery Fund [Repealed] › Article 10 - ENFORCEMENT › Section 2698.21 - Failures to Pay, Collect or Remit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 5010, Insurance Code.
						Reference: Sections 5003 and
						5005(c),
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 1 - Eyewitness Identification Procedures › Section 2698.22 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article sets forth rules to be observed when
					 Department employees conduct eyewitness identification procedures. This article
					 does not apply to field show-ups.
1. New
					 article 1 (sections
					 2698.22-2698.26) and new section
					 filed 5-28-2021; operative 7-1-2021 (Register 2021, No.
					 22).
Note: Authority cited: Section
						859.7, Penal
						Code. Reference: Section
						859.7, Penal
						Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 1 - Eyewitness Identification Procedures › Section 2698.23 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article, the following definitions shall
					 apply to the following terms:
(a)
				  "Administrator" means the employee administering an identification
				  procedure.
(b) "Blind
				  administration" means that the administrator of an identification procedure
				  does not know the identity of the suspect.
(c) "Blinded administration" means that the
				  administrator of an identification procedure may know who the suspect is, but
				  because one of the procedures described below is being used, does not know
				  where the suspect, or the suspect's photograph, as applicable, has been placed
				  or positioned in the identification procedure:
(1) An automated computer program that
				  prevents the administrator from seeing which photographs the eyewitness is
				  viewing until after the identification procedure is completed.
(2) The folder shuffle method, which refers
				  to a system for conducting a photographic lineup by placing a filler photograph
				  in the first folder and numbering that folder, placing each remaining
				  photograph in a separate folder, shuffling those folders, numbering the
				  shuffled folders, and then presenting the folders sequentially to the
				  eyewitness so that the administrator cannot see or track which photograph is
				  being presented to the eyewitness until after the procedure is
				  completed.
(3) Any other procedure
				  which achieves neutral administration and prevents the lineup administrator
				  from knowing where the suspect or photograph of the suspect, as applicable, has
				  been placed or positioned in the identification procedure.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 1 - Eyewitness Identification Procedures › Section 2698.24 - General Identification Procedure Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An identification procedure shall occur
				  as close in time to the commission of the crime as possible.
(b) A live lineup shall only be conducted
				  before criminal proceedings have been initiated against the suspect. If there
				  is any question as to whether any criminal proceedings have been initiated, the
				  investigating employee shall contact the appropriate prosecuting attorney
				  before proceeding.
(c) In cases
				  involving multiple suspects, a separate identification procedure shall be
				  conducted for each suspect. No more than one suspect, or photograph of a
				  suspect, shall be present during an identification procedure. If an eyewitness
				  is presented with identification procedures for multiple suspects, the lineup
				  order, and the position of the suspect, or photograph of the suspect, shall be
				  different for each identification procedure presented to that
				  eyewitness.
(d) The administrator
				  shall complete the Eyewitness Identification Form described in Section
				  2698.26 of this article for each
				  identification procedure, and shall record the following information on the
				  form at the following times:
(1) Prior to the
				  start of the identification procedure:
(A) The
				  items of information described in Sections
				  2698.26(a)(1) through
				  (a)(3);
(B) Obtain a signature from the eyewitness
				  indicating that the eyewitness understands the identification procedures and
				  instructions.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 1 - Eyewitness Identification Procedures › Section 2698.25 - Requirements Specific to Photographic Lineups

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the requirements of
				  Section 2698.24 above, the requirements of
				  this section shall apply to all identification procedures involving a
				  photographic lineup.
(b) The
				  employee composing the photographic lineup and the administrator of the
				  photographic lineup shall not be directly involved in the investigation of the
				  case.
(1) Notwithstanding the foregoing
				  subdivision (b) of this Section
				  2698.25, employees composing or
				  administering a photographic lineup may be involved in the investigation of the
				  case, provided that the photographic lineup is conducted in a blind or blinded
				  administration, as required by Section
				  2698.24(f).
(2) A six-pack lineup shall only be conducted
				  using blind administration. Other than the eyewitness, no person with knowledge
				  of the suspect's identity shall be present during administration of a six-pack
				  lineup.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 1 - Eyewitness Identification Procedures › Section 2698.26 - Eyewitness Identification Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Eyewitness Identification Form shall be completed by the
					 administrator for each identification procedure, and shall contain the
					 following content:
(a) Eyewitness and
				  Procedural Information:
(1) Date, time, and
				  location of the identification procedure.
(2) Name of the eyewitness and time of day
				  that the eyewitness observed the lineup.
(3) The administrator's name and badge
				  number.
(4) Space for the
				  eyewitness to sign indicating that they understand the identification procedure
				  and instructions.
(5) Spaces for
				  the eyewitness to indicate and inscribe the eyewitness's signature to confirm
				  that either:
(A) The eyewitness recognizes a
				  person the eyewitness believes to be the perpetrator, or recognizes a
				  photograph as being of a person the eyewitness believes to be the perpetrator,
				  or;
(B) The eyewitness does not
				  recognize any of the persons or photographs in the
				  lineup.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.31 - Insurer Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The insurer shall comply with applicable sections of the
					 IFPA and these regulations regarding the establishment, operation and
					 continuous existence of an SIU.
1. New
					 section filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No.
					 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 1-2-2004 as an emergency; operative
					 1-3-2004. (Register 2004, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 5-3-2004 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 5-4-2004 as an emergency; operative 5-4-2004 (Register 2004, No. 19). A
					 Certificate of Compliance must be transmitted to OAL by 9-1-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Editorial correction of HISTORY 3 (Register 2004, No.
					 36).
5. New section refiled 9-1-2004 as an emergency; operative
					 9-1-2004 (Register 2004, No. 36). A Certificate of Compliance must be
					 transmitted to OAL by 12-30-2004 or emergency language will be repealed by
					 operation of law on the following day.
6. New section refiled
					 12-28-2004 as an emergency; operative 12-30-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-29-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
7. New section refiled 4-29-2005 as an emergency; operative
					 4-29-2005 (Register 2005, No. 17). A Certificate of Compliance must be
					 transmitted to OAL by 8-29-2005 or emergency language will be repealed by
					 operation of law on the following day.
8. Certificate of Compliance
					 as 4-29-2005 order, including repealer and new section, transmitted to OAL
					 8-26-2005 and filed 10-7-2005 (Register 2005, No.
					 40).
Note: Authority cited: Sections
						1875.24,
						1879.5 and
						1879.6,
						Insurance Code; Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d. 805, 824, 258
						Cal. Rptr. 161, 771 P.2d 1247; Credit Ins. Gen. Agents Assn. v. Payne (1976) 16
						Cal.3d 651, 656, 128 Cal. Rptr. 881, 547 P.2d 993; and Garris v. Carpenter
						(1939) 33 Cal. App. 2d. 649, 653, 92 P.2d 688. Reference: Sections
						1875.20,
						1875.21,
						1875.24,
						1879.5,
						12921(a)
						and
						12926,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.34 - Communication with the Fraud Division and Authorized Governmental Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The insurer and
				  any entity performing the SIU function(s) shall comply with specific sections
				  of the IFPA regarding communication with the Fraud Division and authorized
				  governmental agencies.
(b) On
				  written request by the Fraud Division or an authorized governmental agency, an
				  insurer or its agents shall release in a timely and complete manner any or all
				  relevant information deemed important that the insurer may possess relating to
				  any specific incident of insurance fraud. The information released pursuant to
				  this subdivision (b) shall include:
(1)
				  Insurance policy information;
(2)
				  Applications;
(3) Policy premium
				  payment records;
(4) History of
				  claims;
(5) Information relating to
				  the carrier's investigation, including statements, proof and notice of
				  loss;
(6) Claim file
				  documents;
(7) Claim
				  notes;
(8) Investigation
				  files;
(9) Investigator notes;
				  and
(10) Other information which
				  the Fraud Division or an authorized governmental agency may deem relevant and
				  important.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.36 - Investigating Suspected Insurance Fraud

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The SIU shall establish, maintain,
				  distribute, and adhere to written procedures for the investigation of possible
				  suspected insurance fraud. An investigation of possible suspected insurance
				  fraud shall include:
(1) A thorough analysis
				  of a claim file, application, or insurance transaction, that includes
				  consideration of factors indicating insurance fraud.
(2) Identification and interviews of
				  potential witnesses who may provide information on the accuracy of the claim or
				  application.
(3) Utilizing one or
				  more industry-recognized databases identified by the SIU as appropriate for use
				  in fraud investigations involving the particular line of insurance in
				  question.
(4) Preservation of
				  documents and other evidence obtained during an investigation.
(5) Writing a concise and complete summary of
				  the entire investigation, which is specific to the investigation at hand, is
				  separate from any other document prepared in connection with the investigation,
				  and includes the investigators' findings regarding the suspected insurance
				  fraud and the basis for their findings. The summary shall answer the following
				  questions:
(A) What facts caused the reporting
				  party to believe insurance fraud occurred or may have occurred?
(B) What are the suspected misrepresentations
				  and who allegedly made them?
(C)
				  How are the alleged misrepresentations material and how do they affect the
				  claim or insurance transaction?
(D)
				  Who are the pertinent witnesses to the alleged misrepresentation, if there are
				  pertinent witnesses?
(E) What
				  documentation is there of the alleged misrepresentation, if
				  documented?
(F) In addition, the
				  summary prepared pursuant to this subdivision (a)(5) shall include a statement
				  as to whether or not the investigation is
				  complete.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.38 - Referral Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A referral of an act of suspected insurance fraud to the
					 Fraud Division shall be legible and on a form as directed by the Department and
					 contain the information and data to the extent applicable, as provided in the
					 following:
(a) Fraud and referral type
(1) Fraud type
(2) New referral/amended referral
				  indicator
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.39 - Anti-Fraud Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requirements for training provided by and for the SIU shall
					 include:
(a) The insurer shall
				  establish and maintain an ongoing anti-fraud training program, planned and
				  conducted to develop and improve the anti-fraud awareness skills of the
				  integral anti-fraud personnel.
(b)
				  The insurer shall designate an SIU staff person to be responsible for
				  coordinating the ongoing anti-fraud training program.
(c) The anti-fraud training program shall
				  consist of three (3) levels:
(1) All
				  newly-hired employees shall receive an anti-fraud orientation within ninety
				  (90) days of commencing assigned duties. The orientation shall provide
				  information regarding:
(A) the function and
				  purpose of the SIU;
(B) an overview
				  of fraud detection and referral of suspected insurance fraud to the SIU for
				  investigation;
(C) a review of the
				  Fraud Division's insurance fraud reporting requirements;
(D) an organization chart depicting the
				  insurer's SIU; and
(E) SIU contact
				  telephone numbers and email addresses.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.41 - Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  commissioner may conduct examinations of an insurer's SIU and related
				  operations, including operations undertaken by entities under contract with the
				  insurer, as deemed necessary to determine compliance with the requirements of
				  this article.
(b) If the insurer is
				  found to be in compliance, a final written report of examination will be
				  provided to the insurer on completion of the examination. If an insurer is
				  found to be in noncompliance, a draft written report of examination, including
				  identification of violations of the applicable provisions of statute and
				  regulation, and required corrective action, if any, will be provided to the
				  insurer on completion of the examination.
(c) Corrective action and compliance plan.
(1) Notwithstanding any penalty imposed
				  pursuant to the regulations, within thirty (30) days of receipt of a draft
				  written report of examination identifying any violation(s) of these regulations
				  or underlying statute, an insurer shall submit to the Department a plan
				  demonstrating how the insurer will correct such violation(s) and achieve
				  compliance. Such plan shall be subject to examination by the Department. If
				  accepted by the Department, the plan shall be submitted as a supplement to any
				  existing annual report and shall be accompanied by a statement of an officer of
				  the insurer as otherwise required for annual reports. Failure to submit a
				  corrective action and compliance plan pursuant to this subdivision (c)(1) or to
				  comply with such plan when accepted by the Department shall be considered a
				  violation of these regulations.
(2)
				  Any insurer that, pursuant to subdivision (c)(1) of this Section
				  2698.41, submits a corrective
				  action and compliance plan may also submit to the Commissioner in conjunction
				  with the plan any written materials that may rebut any matters contained in the
				  draft examination report.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 2 - Special Investigative Unit › Section 2698.43 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any hearing
				  conducted pursuant to these regulations shall be governed by the provisions of
				  California Government code Section
				  11425.10(a).
(b) The Commissioner shall give 30 days
				  written notice of any hearing held pursuant to these regulations.
1. New
					 section filed 5-3-94; operative 6-2-94 (Register 94, No. 18).
2.
					 Repealer filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No.
					 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2004 or
					 emergency language will be repealed by operation of law on the following
					 day.
3. Repealer refiled 1-2-2004 as an emergency; operative
					 1-3-2004. (Register 2004, No. 1). A Certificate of Compliance must be
					 transmitted to OAL by 5-3-2004 or emergency language will be repealed by
					 operation of law on the following day.
4. Repealer refiled 5-4-2004
					 as an emergency; operative 5-4-2004 (Register 2004, No. 19). A Certificate of
					 Compliance must be transmitted to OAL by 9-1-2004 or emergency language will be
					 repealed by operation of law on the following day.
5. Editorial
					 correction of HISTORY 4 (Register 2004, No. 36).
6. Repealer refiled
					 9-1-2004 as an emergency; operative 9-1-2004 (Register 2004, No. 36). A
					 Certificate of Compliance must be transmitted to OAL by 12-30-2004 or emergency
					 language will be repealed by operation of law on the following
					 day.
7. Repealer refiled 12-28-2004 as an emergency; operative
					 12-30-2004 (Register 2004, No. 53). A Certificate of Compliance must be
					 transmitted to OAL by 4-29-2005 or emergency language will be repealed by
					 operation of law on the following day.
8. Repealer refiled 4-29-2005
					 as an emergency; operative 4-29-2005 (Register 2005, No. 17). A Certificate of
					 Compliance must be transmitted to OAL by 8-29-2005 or emergency language will
					 be repealed by operation of law on the following day.
9. Certificate
					 of Compliance as 4-29-2005 order, including new section heading and section,
					 transmitted to OAL 8-26-2005 and filed 10-7-2005 (Register 2005, No.
					 40).
Note: Authority cited: Section
						11425.10(a),
						Government Code; Sections
						1875.24,
						1879.5 and
						1879.6,
						Insurance Code; Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d. 805, 824, 258
						Cal. Rptr. 161, 771 P.2d 1247; Credit Ins. Gen. Agents Assn. v. Payne (1976) 16
						Cal.3d 651, 656, 128 Cal. Rptr. 881, 547 P.2d 993; and Garris v. Carpenter
						(1939) 33 Cal. App. 2d. 649, 653, 92 P.2d 688. Reference: Section
						11425.10(a),
						Government Code; and Sections
						1875.20,
						1875.21,
						1875.24,
						1879.5,
						12921(a)
						and
						12926,
						Insurance Code.