reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.3 - Valuation of Homes › Section 2695.183 - Standards for Estimates of Replacement Value

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No licensee shall communicate an estimate of replacement
					 cost to an applicant or insured in connection with an application for or
					 renewal of a homeowners' insurance policy that provides coverage on a
					 replacement cost basis, unless the requirements and standards set forth in
					 subdivisions (a) through (e) below are met:
(a) The estimate of replacement cost shall
				  include the expenses that would reasonably be incurred to rebuild the insured
				  structure(s) in its entirety, including at least the following:
(1) Cost of labor, building materials and
				  supplies;
(2) Overhead and
				  profit;
(3) Cost of demolition and
				  debris removal;
(4) Cost of permits
				  and architect's plans; and
(5)
				  Consideration of components and features of the insured structure, including at
				  least the following:
(A) Type of
				  foundation;
(B) Type of
				  frame;
(C) Roofing materials and
				  type of roof;
(D) Siding materials
				  and type of siding;
(E) Whether the
				  structure is located on a slope;
(F) The square footage of the living
				  space;
(G) Geographic location of
				  property;
(H) Number of stories and
				  any nonstandard wall heights;
(I)
				  Materials used in, and generic types of, interior features and finishes, such
				  as, where applicable, the type of heating and air conditioning system, walls,
				  flooring, ceiling, fireplaces, kitchen, and bath(s);
(J) Age of the structure or the year it was
				  built; and
(K) Size and type of
				  attached garage.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.20 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this article is to set forth standards to
					 protect active duty service members of the United States Armed Forces from
					 dishonest and predatory insurance sales practices by declaring certain
					 identified practices to be false, misleading, deceptive or unfair. However, no
					 exemption, exclusion or silence in this article as to any act or practice shall
					 be construed to suggest that such act or practice, when performed or engaged in
					 by an insurer or insurance producer, is not otherwise in violation of
					 underlying statute or other applicable law.
1. New
					 article 1.5 (sections
					 2695.20-2695.28) and section filed
					 2-22-2008; operative 2-22-2008 pursuant to Government Code section
					 11343.4
					 (Register 2008, No. 8).
Note: Authority cited: Sections
						720,
						790.10,
						10168.92,
						10206.5,
						10506 and
						10506.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						32,
						101,
						330,
						331,
						332,
						333,
						334,
						350,
						351,
						358,
						359,
						360,
						700,
						730,
						733,
						780,
						781,
						783,
						783.5,
						790.03,
						791.02,
						791.03,
						1626,
						10159.1,
						10165,
						10168,
						10206.5,
						10506,
						10506.3,
						10509.8,
						10509.9 and
						10540,
						Insurance Code; Section
						823.5,
						Military and Veterans Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.21 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
With the exception of subdivision (
l
) of
					 Section 2695.24, this article shall apply
					 only to the solicitation or sale of any annuity product or other life insurance
					 by an insurer or insurance producer to an active duty service member of the
					 United States Armed Forces.
1. New
					 section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 8).
Note: Authority cited: Sections
						720,
						790.10,
						10168.92,
						10206.5,
						10506 and
						10506.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						32,
						101,
						330,
						331,
						332,
						333,
						334,
						350,
						351,
						358,
						359,
						360,
						700,
						730,
						733,
						780,
						781,
						783,
						783.5,
						790.03,
						791.02,
						791.03,
						1626,
						10159.1,
						10165,
						10168,
						10206.5,
						10506,
						10506.3,
						10509.8,
						10509.9 and
						10540,
						Insurance Code; Section
						823.5,
						Military and Veterans Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.22 - Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article is issued under the express authority of
					 Insurance Code sections
					 720,
					 790.10,
					 10168.92,
					 10206.5,
					 10506 and
					 10506.3.
1. New
					 section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 8).
Note: Authority cited: Sections
						720,
						790.10,
						10168.92,
						10206.5,
						10506 and
						10506.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						32,
						101,
						330,
						331,
						332,
						333,
						334,
						350,
						351,
						358,
						359,
						360,
						700,
						730,
						733,
						780,
						781,
						783,
						783.5,
						790.03,
						791.02,
						791.03,
						1626,
						10159.1,
						10165,
						10168,
						10206.5,
						10506,
						10506.3,
						10509.8,
						10509.9 and
						10540,
						Insurance Code; Section
						823.5,
						Military and Veterans Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.23 - Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Sections
				  2695.25,
				  2695.26 and
				  2695.27 of this article shall not
				  apply to solicitations or sales involving:
(1) Credit insurance;
(2) Group life insurance (or group annuities)
				  where there is no in-person, face-to-face solicitation of individuals by an
				  insurance producer and the contract or certificate does not include a side
				  fund;
(3) An application to the
				  existing insurer that issued the existing policy or contract when a contractual
				  change or a conversion privilege is being exercised; or, when the existing
				  policy or contract is being replaced by the same insurer pursuant to a program
				  filed with and approved by the commissioner; or, when a term conversion
				  privilege is exercised among corporate affiliates;
(4) Individual stand-alone health policies,
				  including disability income policies;
(5) Contracts offered by Servicemembers'
				  Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as
				  authorized by 38 U.S.C.
				  Section 1965 et seq.;
(6) Life insurance contracts offered through
				  or by a nonprofit military association, qualifying under Section
				  501(c)(23) of the
				  Internal Revenue Code (IRC), and which are not underwritten by an insurer;
				  or
(7) Contracts used to fund:
(A) An employee pension or welfare benefit
				  plan that is covered by the Employee Retirement and Income Security Act
				  (ERISA);
(B) A plan described by
				  Sections 401(a),
				  401(k),
				  403(b),
				  408(k) or
				  408(p) of the
				  IRC, as amended, if established or maintained by an employer;
(C) A government or church plan defined in
				  Section 414 of the IRC, a government or
				  church welfare benefit plan, or a deferred compensation plan of a state or
				  local government or tax exempt organization under Section
				  457 of the IRC;
(D) A nonqualified deferred compensation
				  arrangement established or maintained by an employer or plan sponsor;
(E) Settlements of or assumptions of
				  liabilities associated with personal injury litigation or any dispute or claim
				  resolution process; or
(F)
				  Prearranged funeral contracts.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.25 - Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following acts or practices when
				  committed on a military installation by an insurer or insurance producer with
				  respect to the in-person, face-to-face solicitation of life insurance are
				  declared to be false, misleading, deceptive or unfair:
(1) Knowingly soliciting the purchase of any
				  life insurance product "door to door" or without first establishing a specific
				  appointment for each meeting with the prospective purchaser.
(2) Soliciting service members in a group or
				  "mass" audience or in a "captive" audience where attendance is not
				  voluntary.
(3) Knowingly making
				  appointments with or soliciting service members during their normally scheduled
				  duty hours.
(4) Making appointments
				  with or soliciting service members in barracks, day rooms, unit areas, or
				  transient personnel housing or other areas where the installation commander has
				  prohibited solicitation.
(5)
				  Soliciting the sale of life insurance without first obtaining permission from
				  the installation commander or the commander's designee.
(6) Posting unauthorized bulletins, notices
				  or advertisements.
(7) Failing to
				  present DD Form 2885, Personal Commercial Solicitation Evaluation, to service
				  members solicited or encouraging service members solicited not to complete or
				  submit a DD Form 2885.
(8)
				  Knowingly accepting an application for life insurance or issuing a policy of
				  life insurance on the life of an enlisted member of the United States Armed
				  Forces without first obtaining for the insurer's files a completed copy of any
				  required form which confirms that the applicant has received counseling or
				  fulfilled any other similar requirement for the sale of life insurance
				  established by regulations, directives or rules of the DoD or any branch of the
				  Armed Forces.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.27 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision of these sections or the application
					 thereof to any person or circumstance is held invalid for any reason, the
					 invalidity shall not affect the other provisions or any other application of
					 these sections which can be given effect without the invalid provisions or
					 application. To this end all provisions of these sections are declared to be
					 severable.
1. New
					 section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 8).
Note: Authority cited: Sections
						720,
						790.10,
						10168.92,
						10206.5,
						10506 and
						10506.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						32,
						101,
						330,
						331,
						332,
						333,
						334,
						350,
						351,
						358,
						359,
						360,
						700,
						730,
						733,
						780,
						781,
						783,
						783.5,
						790.03,
						791.02,
						791.03,
						1626,
						10159.1,
						10165,
						10168,
						10206.5,
						10506,
						10506.3,
						10509.8,
						10509.9 and
						10540,
						Insurance Code; Section
						823.5,
						Military and Veterans Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 1.5 - Sales to Military Personnel › Section 2695.28 - Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall become effective upon filing with the
					 Secretary of State and shall apply to acts or practices committed on or after
					 the effective date.
1. New
					 section filed 2-22-2008; operative 2-22-2008 pursuant to Government Code
					 section
					 11343.4
					 (Register 2008, No. 8).
Note: Authority cited: Sections
						720,
						790.10,
						10168.92,
						10206.5,
						10506 and
						10506.3,
						Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th
						Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections
						32,
						101,
						330,
						331,
						332,
						333,
						334,
						350,
						351,
						358,
						359,
						360,
						700,
						730,
						733,
						780,
						781,
						783,
						783.5,
						790.03,
						791.02,
						791.03,
						1626,
						10159.1,
						10165,
						10168,
						10206.5,
						10506,
						10506.3,
						10509.8,
						10509.9 and
						10540,
						Insurance Code; Section
						823.5,
						Military and Veterans Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5 - Unfair or Deceptive Acts or Practices in the Business of Insurance › Article 2 - Public Inspection and Publication of Examinations of Unfair or Deceptive Practices in the Business of Insurance Regulations › Section 2695.30 - Comments of Examined Insurers Relating to Adopted Examination Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Comments
				  submitted by examined insurers in relation to adopted reports of examination of
				  unfair or deceptive practices shall be submitted to the Commissioner in a
				  typewritten or printed format that conforms to the following specifications,
				  and must also be submitted through the use of electronic media calculated to
				  produce an original document. Faxed submissions will not be accepted for
				  posting or inspection.
(1) Comments shall
				  relate directly to the adopted report of examination and shall use "Plain
				  English," so that the meaning of the comments will be easily understood by the
				  public.
(2) Comments shall be
				  submitted in letter form, with the letterhead of the examined insurer or
				  similar identifying information, including the true name of the insurer,
				  appearing prominently at the top of the first page.
(3) Comments shall be submitted on opaque,
				  unglazed paper, white or unbleached, of standard quality not less than 20-pound
				  weight, 8- 1/2 by 11 inches in size. The typeface shall be essentially
				  equivalent to Courier, Times, or Helvetica, and the font used shall not be
				  smaller than 12 point. The color of print shall be blue-black or
				  black.
(4) Only one side of the
				  paper shall be used, and the lines on each page shall be one and one-half
				  spaced or double spaced; but footnotes and quotations may be single spaced. The
				  left margin shall be at least one inch from the left edge of the paper and the
				  right margin at least one-half inch from the right edge of the paper. Top and
				  bottom margins shall be no smaller than one-half inch. Each page shall be
				  numbered consecutively at the bottom.
(5) Comments, including appendices, exhibits
				  or other supplemental documents, shall be no longer than twenty (20) pages, or
				  the length of the adopted examination report to which the comments relate,
				  whichever is greater. Each supplemental document shall conform to the
				  specifications of this section.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5.1 - Insurance Adjuster Training for Evaluating Earthquake Damage › Section 2695.40 - Authority and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are promulgated pursuant to the authority
				  granted to the Insurance Commissioner under the provisions of Insurance Code
				  Section
				  10089.3.
				  The purpose of these regulations is to set forth standards governing the
				  training of insurance adjusters in evaluating damage caused by earthquakes and
				  the procedures for reporting unaccredited adjusting.
1. New
				  subchapter 7.5.1 (sections
				  2695.40-2695.45) and section filed
				  3-25-2004; operative 3-25-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 13).
Note: Authority cited: Section
					 10089.3,
					 California Insurance Code. Reference: Section
					 10089.3,
					 California Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5.1 - Insurance Adjuster Training for Evaluating Earthquake Damage › Section 2695.41 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations and in Section
				  10089.3 of
				  the California Insurance Code.
(a)
				"Accreditation" means certification that a person has received training that
				meets the standards set forth in this subchapter.
(b) "Insurance adjuster" or "adjuster" is any
				person included in California Insurance Code Section
				10089.3(b).
(c) "Insurer" means an "admitted" or
				"nonadmitted" insurer, as defined in California Insurance Code Sections
				23,
				24 and
				25, that
				issues or delivers a policy of insurance in this state covering the peril of
				earthquake.
(d) "Training" or
				"train" means to provide a course of instruction that meets the standards
				prescribed in Section
				2695.42 for those adjusters who
				evaluate earthquake damage.
1. New section
				  filed 3-25-2004; operative 3-25-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 13).
Note: Authority cited: Section
					 10089.3,
					 California Insurance Code. Reference: Sections
					 23,
					 24,
					 25 and
					 10089.3,
					 California Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5.1 - Insurance Adjuster Training for Evaluating Earthquake Damage › Section 2695.43 - Accreditation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certificates
				shall be provided by the insurer or the training entity to any student
				successfully completing the adjuster training and shall contain the following
				information:
(1) name, address and telephone
				number of the insurer or other entity providing the adjuster training required
				by this subchapter;
(2) full name
				of adjuster, and license number if applicable;
(3) a statement certifying that the adjuster
				completed training that meets the standards set forth in these
				regulations;
(4) signatures of both
				adjuster and trainer; and
(5)
				completion date of training.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5.1 - Insurance Adjuster Training for Evaluating Earthquake Damage › Section 2695.44 - Maintenance of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Insurers or other entities providing adjuster training must maintain records of
				all adjusters completing the program, for a period of five years. An insurer
				using an adjuster to evaluate earthquake damage must keep a record of that
				adjuster's accreditation for a period of five years. These records must contain
				the following information:
(1) name of
				adjuster and license number if applicable;
(2) date training completed;
(3) name, address and telephone number of
				training entity.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.5.1 - Insurance Adjuster Training for Evaluating Earthquake Damage › Section 2695.45 - Reporting Requirements for Unaccredited Adjusters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An insurer using one of more adjusters to
				evaluate damage caused by earthquakes who are not trained and accredited in
				accordance with the standards set forth in this subchapter shall comply with
				the following requirements:
(1) annually
				submit a list of those adjusters who have not completed the training to the
				Department of Insurance. Each list of adjusters shall include the name of the
				adjuster, license number (if any), and claim number of the earthquake claim
				evaluated by that adjuster; and
(2)
				each list of adjusters described above must be submitted to the Department of
				Insurance within 30 calendar days from the end of the reporting period and
				shall cover the preceding twelve-month period. The initial reporting period
				begins January 1, 2005 and ends December 31, 2005.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.1 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of these regulations is to interpret, clarify and
				  make specific the Department's program relating to the mediation of earthquake,
				  homeowners and automobile collision and physical damage claims pursuant to
				  Insurance Code section
				  10089.70.
1. New
				  subchapter 7.6 (sections
				  2696.1 through
				  2696.10) and section filed
				  10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance
				  must be transmitted to OAL by 2-12-97 or emergency language will be repealed by
				  operation of law on the following day.
2. Subchapter 7.6 (sections
				  2696.1-2696.10) and section
				  repealed by operation of Government Code section
				  11346.1(g)
				  (Register 97, No. 10).
3. New subchapter 7.6 (sections
				  2696.1-2696.10) and section filed
				  3-4-97 as an emergency; operative 3-4-97 (Register 97, No. 10). A Certificate
				  of Compliance must be transmitted to OAL by 7-2-97 or emergency language will
				  be repealed by operation of law on the following day.
4. Certificate
				  of Compliance as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97
				  (Register 97, No. 33).
5. Amendment of subchapter heading, section
				  and NOTE filed 12-29-2006; operative 1-28-2007 (Register 2006, No.
				  52).
Note: Authority cited: Section
					 10089.83,
					 Insurance Code. Reference: Sections
					 10089.70
					 and
					 10089.83,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these regulations:
(a) "Residential Coverage" means insurance
				coverage for individually owned:
(1) One to
				four family dwellings, used exclusively for residential purposes; or,
(2) Manufactured homes, used exclusively for
				residential purposes; or,
(3) A
				single family unit within a row house, town house, condominium, planned unit
				development, or cooperative and used exclusively for residential purposes;
				or,
(4) Tenant residences located
				within any residential unit;
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.3 - Determination of Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following will not be referred to
				mediation under this subchapter:
(1) Disputes
				that turn on a question of major insurance coverage as that term is defined in
				Section 2696.2(b) of this
				subchapter;
(2) Disputes involving
				a purely legal interpretation as that term is defined in Section
				2696.2(c) of this
				subchapter;
(3) Disputes involving
				the actions or conduct of an agent or broker, unless there are allegations that
				the insurer is responsible for the actions or conduct;
(4) Disputes in which a party is alleged to
				have committed fraud as defined in Section
				2696.2(f) of this
				subchapter;
(5) Disputes involving
				allegations of bad faith, or other claims for extra contractual
				damages;
(6) Disputes concerning
				which a lawsuit has already been filed;
(7) Those requests for mediation determined
				by the Department to be frivolous or to have been filed in bad
				faith.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.5 - Mandatory Participation; Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No insurer may be compelled to
				participate in mediation except where the Commissioner finds that the insurer
				has engaged in an arbitrary or unreasonable refusal or refusals to mediate a
				dispute which the Commissioner has deemed appropriate for mediation. Where the
				Commissioner so finds, the Commissioner shall issue upon the insurer an Order
				to Participate, citing the Commissioner's reasons therein.
(b) Any insurer to whom an Order to
				Participate has been issued may seek a review of said Order by filing in a
				court of competent jurisdiction within 30 calendar days of the issuance of that
				Order. The Commissioner's Order to Participate, however, may not be stayed
				during the pendency of any judicial proceeding for any period beyond 60
				calendar days after the initial date of the Order to Participate. The basis for
				the Commissioner's decision to require an insurer to participate in the
				mediation program shall not be made public unless review is sought.
(c) Any insured whose request to mediate said
				insured's claim under this subchapter was declined by an insurer may file a
				written request to the Commissioner to require the insurer to participate in
				the mediation program. Upon receipt of such request, the Commissioner shall
				either:
(1) Issue an Order to Participate
				pursuant to subsection
				2696.5(a);
				or
(2) Make a written inquiry to
				the insurer to determine the reasons for declining mediation; or
(3) Issue to the insured a Decision Not to
				Compel Mediation which sets forth the basis of the Commissioner's decision not
				to require the insurer to participate in mediation of that
				dispute.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.6 - Pre-Mediation Procedures; Telephone Conference; Notice of Commencement; Written Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon receipt of the Referral to Mediation from the Department, the mediator
				shall hold a telephone conference prior to the mediation conference to discuss
				items necessary to the mediation. Necessary items include, but are not limited
				to:
(1) The date, time, and location of the
				mediation conference;
(2) Whether
				the insured will be represented by counsel at the mediation conference and, if
				so, whether the insurer will be represented by counsel;
(3) What documents will be produced at the
				mediation conference and whether there is any dispute with respect to the
				production of documents;
(4) Any
				other matters as shall promote an effective mediation conference, including
				attendance and participation of non-parties at the mediation
				conference.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.7 - Mediation Conference; Failure to Appear; Confidentiality Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To the extent
				possible the mediation conference shall be held within 21 calendar days of the
				date of transmission of the notice referenced in section
				2696.6(c) of this
				subchapter. If the mediation cannot be commenced within 21 calendar days of
				this notice, then it shall be commenced as soon as practicable for all parties,
				as determined by the mediator. To the extent possible, the mediation conference
				shall be held in the county where the insured resides.
(b) The parties are required to appear for
				the mediation conference at the date, time, and location set forth on the
				notice referenced in subsection
				2696.6(c). For
				the purposes of this subchapter, a party has failed to appear at the mediation
				conference if it:
(1) Fails to be physically
				present at the conference within 30 (thirty) minutes of the scheduled
				time;
(2) Fails to send to the
				conference a representative with full authority to bind
				settlements.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.8 - Post Mediation; Cooling-off Period; Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The insured may be represented at the
				mediation conference by any person of the insured's own choosing. If the
				parties agree to a settlement agreement, the insured, or their representative,
				shall have three business days to rescind the agreement. If the agreement is
				not rescinded by the insured, it is binding on the insured and the insurer, and
				acts as a release of all specific claims for damages known at the time of the
				mediation presented and agreed upon in the mediation conference. If counsel for
				the insured is present at the mediation conference and a settlement is agreed
				upon that is signed by the insured's counsel, the agreement is immediately
				binding on the insured and may not be rescinded.
(b) Within 10 calendar days of the conclusion
				of the mediation, the mediator shall furnish to the department a completed Form
				CCB-023 B, ([Mediator Report Form] Rev. 11/14/05) incorporated by reference
				herein.
(c) The completed mediator
				reports received by the Department pursuant to these regulations shall be used
				by the Department only for its use in compiling required reports for the
				legislature and for evaluating the status of the program. The mediator report
				forms, papers, and any other documents provided by the mediators to the
				Department in accordance with this subchapter, shall not be subject to subpoena
				or subpoena duces tecum.
1. New section
				  filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of
				  Compliance must be transmitted to OAL by 2-12-97 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. 10).
3. New section filed 3-4-97 as an emergency;
				  operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-97 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97,
				  No. 33).
5. Repealer of former section
				  2696.8 and renumbering of former
				  section 2696.10 to new section
				  2696.8, including amendment of
				  section, filed 12-29-2006; operative 1-28-2007 (Register 2006, No.
				  52).
6. Change without regulatory effect amending subsection (a)
				  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: Authority cited: Section
					 10089.83(c),
					 Insurance Code. Reference: Section
					 10089.80(a),
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.9 - Mediation Conference; Failure to Appear; Confidentiality Agreement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A Certificate of
				  Compliance must be transmitted to OAL by 2-12-97 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. 10).
3. New section filed 3-4-97 as an emergency;
				  operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-97 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97,
				  No. 33).
5. Change without regulatory effect amending subsection (f)
				  filed 5-20-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 21).
6. Renumbering of former section
				  2696.9 to section
				  2696.7 filed 12-29-2006; operative
				  1-28-2007 (Register 2006, No. 52).
Note: Authority cited: Section
					 10089.83,
					 Insurance Code. Reference: Sections
					 10089.78 10089.79, 10089.80 and
					 10089.81, Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6 - Insurance Mediation Program › Section 2696.10 - Post Mediation; Cooling-off Period; Reporting Requirements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  and Form EQM-1 filed 10-15-96; operative 10-15-96 (Register 96, No. 42). A
				  Certificate of Compliance must be transmitted to OAL by 2-12-97 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. 10).
3. New section filed 3-4-97 as an emergency;
				  operative 3-4-97 (Register 97, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-97 or emergency language will be repealed by
				  operation of law on the following day.
4. Certificate of Compliance
				  as to 3-4-97 order transmitted to OAL 7-3-97 and filed 8-13-97 (Register 97,
				  No. 33).
5. Renumbering of former section
				  2696.10 to section
				  2696.8 filed 12-29-2006; operative
				  1-28-2007 (Register 2006, No. 52).
Note: Authority cited: Section
					 10089.83,
					 Insurance Code. Reference: Sections
					 10089.82
					 and
					 10089.83,
					 Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 1 - Purpose and Scope; Definitions › Section 2696.20 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Revenue and Taxation Code sections
					 12209,
					 17053.57
					 and
					 23657
					 authorize the issuance of tax credits in recognition of qualified investments
					 made by taxpayers into community development financial institutions (CDFIs) for
					 specific programs, projects or services. The CDFIs must be certified by the
					 California Organized Investment Network (COIN), a unit of the Department of
					 Insurance. COIN reviews both the applications for tax credit allocations and
					 the applications by organizations seeking to be CDFIs. These regulations
					 establish the procedure and criteria by which CDFIs submit the applications and
					 COIN evaluates them, in accordance with the provisions in the aforementioned
					 Revenue and Taxation Code sections and California Insurance Code Section
					 12939.
1. New
					 subchapter 7.6.1 (sections
					 2696.20-2696.32), article 1
					 (sections 2696.20-2696.22) and section filed
					 6-26-2014; operative 6-26-2014 (Register 2014, No. 26). Pursuant to Revenue and
					 Taxation Code section
					 12209(f)(2)
					 this is a deemed emergency, and pursuant to Revenue and Taxation Code section
					 12209(f)(3)
					 this emergency regulation "shall remain in effect until amended or repealed by
					 the department."
Note: Authority cited: Sections
						12209(f),
						17053.57(d)
						and
						23657(e),
						Revenue and Taxation Code. Reference: Sections
						12209,
						17053.57
						and
						23657,
						Revenue and Taxation Code; and Sections
						926.1 and
						12939,
						12939.1 and
						12939.2,
						Insurance Code.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 2 - Coin Community Development Financial Institution Certification › Section 2696.24 - Applications for Coin CDFI Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application submittal; revision;
				  rejection.
(1) An applicant shall file a
				  completed application, on paper, using the current form provided by COIN, to
				  apply for COIN CDFI certification.
(2) Applications shall contain an original
				  signed statement by the applicant's chief executive officer attesting that all
				  contents of the application and supporting documents are true and complete to
				  the best of the signer's knowledge, and acknowledging all of the following
				  items in subdivisions (a)(2)(A) through (a)(2)(G) of this section:
(A) That the program may change due to
				  statutory, regulatory, or judicial actions.
(B) That the applicant has obtained the
				  necessary corporate authorizations and that its charter or foundational
				  documents allow it to apply for certification and participation in the COIN
				  program.
(C) That certified CDFIs
				  shall be private institutions, the board composition of which may not exceed
				  49% public officials.
(D) That
				  certification is non-transferrable.
(E) That a certified CDFI that is bought,
				  sold, merged, or otherwise has a change in control shall submit a new
				  application.
(F) That certification
				  may be terminated as set forth in Section
				  2696.26.
(G) That information submitted to COIN is
				  subject to disclosure under the California Public Records Act, except as
				  provided in Revenue and Taxation Code Sections
				  12209(d)(3)(B),
				  17053.57(c)(3)(B), 23657(C)(3)(B), and any successor, or other
				  statutes.
(3) An
				  applicant may not change or supplement an application after an application
				  deadline without COIN's prior consent, which may only be granted for good cause
				  shown.
(4) COIN may reject an
				  application for any of the reasons listed in subdivisions (a)(4)(A) through
				  (a)(4)(E) of this section:
(A) The
				  application is received after a deadline for filing applications. Applicants
				  shall retain evidence of timely application-submittal, and may be requested to
				  provide proof of filing.
(B) The
				  application does not contain all information and documents required by Section
				  2696.24(b).
(C) The applicant has failed to provide
				  information requested by COIN.
(D)
				  The applicant does not meet the requirements for certification in Section
				  2696.26(a).
(E) The applicant is subject to the grounds
				  for denial set forth in Sections
				  2696.26(g) or
				  (h).
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 2 - Coin Community Development Financial Institution Certification › Section 2696.26 - Coin CDFI Certification Evaluation and Issuance; Duration; Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) COIN will
				  evaluate applications for certification, and, on the basis of evidence
				  satisfactory to COIN, issue certification to applicants complying with the
				  following criteria:
(1) The certification
				  criteria specified in Section
				  2696.24(b)(2)(A);
				  and
(2) The applicant shall
				  demonstrate by relevant evidence that it has financial solvency, adequate
				  capitalization, management capability, liquidity, assets, and earnings to
				  effectively promote statutory program goals and administer investment proceeds
				  using sound financial management practices.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 2 - Coin Community Development Financial Institution Certification › Section 2696.28 - CDFI Recertification; Recertification Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 30 days prior to expiration of
				  certification as set forth in Section
				  2696.26(c)(1), a
				  certified CDFI may submit a new application for certification pursuant to the
				  procedures set forth in Section
				  2696.24. Provided that the
				  certified CDFI has timely filed under this subdivision, its certification will
				  remain in effect during review of the renewal application.
(b) COIN may establish a recertification
				  period during which all certified CDFIs shall submit a new application for
				  certification pursuant to the procedures set forth in Section
				  2696.24. Any recertification
				  period shall be subject to the conditions set forth in subdivisions (b)(1)
				  through (b)(4) of this section.
(1) At least
				  ninety (90) days before applications are due as part of a recertification
				  period, COIN shall publish on its website the final date when certification
				  applications will be accepted.
(2)
				  No CDFI shall be required to apply for recertification prior to 24 months after
				  its most recent certification.
(3)
				  If a certified CDFI fails to timely apply for recertification pursuant to this
				  section, its certification will expire as set forth in Section
				  2696.26(c)(1)(B)1.
(4) Upon good cause and sufficient notice,
				  COIN may modify the periods in this section.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 3 - Investment Tax Credit Certificates › Section 2696.30 - Applications: Submittal; Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Application submittal.
(1) An applicant shall file a separate
				  completed application, on paper, using the current form provided by COIN, to
				  apply for each certificate.
(2)
				  COIN may reject an application received after a deadline for filing
				  applications. Applicants shall retain proof of timely application
				  submittal.
(3) An applicant may not
				  change or supplement an application after an application deadline without
				  COIN's prior consent, which may only be granted for good
				  cause.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.6.1 - California Organized Investment Network › Article 4 - Tax Credit Application Evaluation › Section 2696.32 - Evaluation Criteria and Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Evaluation criteria
(1) COIN will evaluate applications and the
				  qualified investment information they contain to determine which taxpayers will
				  receive tax credit certificates. In making these evaluations, COIN will apply
				  the following criteria:
(A) COIN will
				  determine the aggregate benefit of the investment to LMI areas and households.
				  The greater the aggregate benefit, the higher the priority COIN will give to
				  the application. This criterion will receive more weight than all other
				  criteria combined;
(B) COIN will
				  determine whether the investment benefits rural areas and households. The more
				  the investment benefits rural areas and households, the higher the priority
				  COIN will give to the application. This criterion will receive the second most
				  weight of all the criteria;
(C)
				  COIN will determine the benefit of the investment on job creation, retention,
				  and training. The greater the benefit, the higher the priority COIN will give
				  to the application. This criterion will receive the third most weight of all
				  the criteria;
(D) COIN will
				  determine whether the investment is a green investment. The more the investment
				  creates a benefit as a green investment, the higher the priority COIN will give
				  to the application. This criterion will receive the fourth most weight of all
				  the criteria;
(E) COIN will
				  determine whether the investor is an insurer. If the investor is an insurer,
				  COIN will increase the priority;
(F) COIN will determine whether an investment
				  would likely cause, directly or indirectly, an adverse impact on LMI households
				  or areas, or an adverse impact on the COIN program. If it would, COIN will
				  lower the priority given to the application according to the amount of the
				  adverse impact; and
(G) In
				  evaluating applications that fund housing, COIN will give higher priority to an
				  application if it supports affordable rental housing, housing for veterans,
				  mortgages for community-based residential programs, and self-help housing,
				  instead of single-family owned housing.
California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 7.7 - California Earthquake Authority › Section 2697 - 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 provisions of California Insurance
				  Code Sections
				  10089.11,
				  and
				  10089.28(b).
1. New
				  subchapter 7.7 (sections
				  2697-2697.9) and 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 subchapter 7.7 (sections
				  2697-2697.9) and 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 subchapter 7.7 (sections
				  2697-2697.9) and 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.