California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 9 - Insurance Fraud › Article 4 - Program for Investigation and Prosecution of Automobile Insurance Fraud › Section 2698.61 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these regulations:
(a) "Application" means the written document
				  submitted to the Commissioner by which a local district attorney requests
				  program funding, including a plan setting forth the district attorney's
				  intended use of funds to enhance the investigation and prosecution of
				  automobile insurance fraud.
(b)
				  "Assessment" means the annual fee paid by insurers for each vehicle insured
				  under an insurance policy in the state to support enhanced investigation and
				  prosecution of automobile insurance fraud.
(c) "Case" means the file set up by the
				  Division or district attorney(s) of the suspected fraudulent claims for the
				  purpose of investigation, development of evidence and prosecution.
(d) "Claim" means the request for payment of
				  automobile insurance benefits which has been submitted to an insurer.
(e) "Commissioner" means the Insurance
				  Commissioner of the state of California.
(f) "County Plan" means the plan submitted to
				  the Commissioner as part of the application process by the local district
				  attorney which details the projected use of the funds sought pursuant to these
				  regulations.
(g) "Department" means
				  the California Department of Insurance.
(h) "District Attorney" means the prosecuting
				  officer of a California county jurisdictional district as provided in
				  Government Code section
				  26500.
(i) "Fraud Division" or "Division" means the
				  California Department of Insurance Fraud Division, formerly known as the Bureau
				  of Fraudulent Claims. The Bureau was designated the Fraud Division subsequent
				  the to the enactment of CIC Section
				  1872.8.
(j) "Grantee" means a grant-funded
				  applicant.
(k) "In force" means an
				  insurance policy, covering note or binder that has been issued and put into
				  effect on a vehicle in this state.
(l) "Incidental Expenses" means those costs
				  incurred by the California Department of Insurance to administer the program
				  and may include reasonable costs for collection of assessments, administrative
				  support of the Fraud Division program component, management of the distribution
				  and oversight of monies allocated to the district attorneys.
(m) "Program" means those activities
				  conducted by the Department, or any other agency, which are directed toward the
				  enhanced investigation and prosecution of automobile insurance fraud and which
				  require funding or administration through assessments and the distribution of
				  funds to the Fraud Division, Department of California Highway Patrol and to
				  district attorneys.
(n) "Insurer"
				  shall have the same meaning as used in California Insurance Code section
				  23.
(o) "Regulations" means these regulations,
				  California Code of Regulations Title 10, Chapter 5, Subchapter 9, Article
				  4.
(p) "Suspected Fraudulent Claim"
				  means a claim which has been referred to the Division because the insurer
				  reasonably believes that the claim involves a person who has committed a
				  fraudulent act related to automobile insurance.
(q) "Transaction Date" means the date, by
				  month, day and year, on which a vehicle is added to the Automobile Assessment
				  File.
(r) "Vehicle" shall have the
				  same meaning as defined in Section
				  670 of the
				  Vehicle Code and shall include commercial and non-commercial
				  vehicles.
(s) "Vehicle
				  identification number (VIN)" means a series of Arabic number and Roman letter
				  that is assigned to a motor vehicle by its manufacturer for identification
				  purposes.
1. New
					 section filed 10-8-93; operative 11-7-93 (Register 93, No. 41).
2.
					 Amendment of subsections (b) and (h), new subsections (j), (m) and (p),
					 subsection relettering and amendment of newly designated subsection (l) filed
					 10-12-2001; operative 11-11-2001 (Register 2001, No. 41).
3. New
					 subsections (k), (q) and (s) and subsection relettering filed 6-3-2005;
					 operative 7-3-2005 (Register 2005, No. 22).
Note: Authority cited: Section
						1872.8,
						Insurance Code; CalFarm Insurance Company et al. v. Deukmejian, et al. (1989)
						48 Cal.3d 805, 824. Reference: Section
						1872.8,
						Insurance Code.