26 CA ADC § 10-2321
26 CCR s 10-2321
Cal. Admin. Code tit. 26, s 10-2321
CALIFORNIA CODE OF REGULATIONS
TITLE 26. TOXICS
DIVISION 5. INSURANCE COMMISSIONER (TITLE 10)
This database is current through 05/05/06, Register 2006, No. 18.
s 10-2321.
Marine and/or transportation policies may cover under the following
conditions:
(a) Imports
(1) Imports on consignment may be covered wherever the property may be and
without restriction as to time, provided the coverage of the issuing
companies includes hazards of transportation. A shipment "on consignment"
shall mean property consigned and intrusted to a factor or agent to be
held in his care, or under his control for sale for account of another or
for exhibit or trial or approval or auction, and if not disposed of, to be
returned.
(2) Imports not on consignment in such places of storage as are usually
employed by importers, provided the coverage of the issuing companies
includes hazards of transportation. Such policies may also include the
same coverage in respect to property purchased on C.I.F. terms or "spot"
purchases for inclusion with or in substitution for bona fide
importations. An import, as a proper subject of marine or transportation
insurance, shall be deemed to maintain its character as such so long as
the property remains segregated in the original form or package in such a
way that it can be identified and has not become incorporated and mixed
with the general mass of property in the United States, and shall be
deemed to have been completed when such property has been:
(A) Sold and delivered by the importer, factor or consignee; or
(B) Removed from place of storage as described in paragraph "2" above and
placed on sale as part of importer's stock in trade at a point of
sale-distribution; or
(C) Delivered for manufacture, processing or change in form to premises of
the importer or of another used for any such purposes.
(b) Exports
(1) Exports may be covered wherever the property may be without
restriction as to time, provided the coverage of the issuing companies
includes hazards of transportation. An export, as a proper subject of
marine or transportation insurance, shall be deemed to acquire its
character as such when designated or while being prepared for export and
retain that character unless diverted for domestic trade, and when so
diverted, the provisions of this article respecting domestic shipments
shall apply, provided, however, that this provision shall not apply to
long established methods of insuring certain commodities, e.g., cotton.
(c) Domestic Shipments
(1) Domestic shipments on consignment, provided the coverage of the
issuing companies includes hazards of transportation.
(A) Property shipped on consignment for sale or distribution, while in
transit and not exceeding one hundred and twenty (120) days after arrival
at consignee's premises or other place of storage or deposit; and
(B) Property shipped on consignment for exhibit, or trial, or approval, or
auction, while in transit, while in the custody of others and while being
returned.
(2) Domestic shipments not on consignment, provided the coverage of the
issuing companies includes hazards of transportation, beginning and ending
within the United States, provided that such shipments shall not be
covered at manufacturing premises nor after arrival at premises owned,
leased or operated by assured or purchaser, not for more than ninety
(90)days at other place of storage or deposit, except in premises of
transportation companies or freight forwarders, when such storage is
incident to transportation.
(d) Bridges, tunnels and other instrumentalities of transportation and
communication (excluding buildings, their furniture and furnishings, fixed
contents and supplies held in storage) unless fire, tornado, sprinkler
leakage, hail, explosion, earthquake, riot and/or civil commotion are the
only hazards to be covered. Piers, wharves, docks and slips, excluding the
risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake,
riot and/or civil commotion. Other aids to navigation and transportation,
including dry docks and marine railways, against all risks. The foregoing
includes:
(1) Bridges, tunnels, other similar instrumentalities, unless fire,
lightning, windstorm, sprinkler leakage, hail, explosion, earthquake, riot
or civil commotion are the only perils to be covered.
(2) Piers, wharves, docks and slips, but excluding the risks of fire,
lightning, windstorm, sprinkler leakage, hail, explosion, earthquake, riot
or civil commotion.
(3) (A) Pipelines, including on-line propulsion, regulating and other
equipment appurtenant to such pipelines, but excluding all property at
manufacturing, producing, refining, converting, treating or conditioning
plants.
(B) Power transmission and telephone and telegraph lines, excluding all
property at generating, converting or transforming stations, substations
and exchanges.
(4) Radio and television communication equipment in commercial use as such
including towers and antennae with auxiliary equipment, and appurtenant
electrical operating and control apparatus but excluding buildings, their
improvements and betterments, furniture and furnishings and supplies held
in storage therein.
(5) Outdoor cranes, loading bridges and similar equipment used to load,
unload and transport.
(e) Personal Property Floater Risks
(1) Covering Individuals.
(A) Tourists Floater, Personal Effects Floater Policies.
(B) The Personal Property Floater.
(C) Government Service Floaters.
(D) Personal Fur Floaters.
(E) Personal Jewelry Floaters.
(F) Wedding Present Floaters for not exceeding ninety (90) days after the
date of the wedding.
(G) Silverware Floaters.
(2) Covering Individuals and/or Generally.
(A) Fine Arts Floaters, Stamp and Coin Floaters. To cover objects of art
such as pictures, statuary, bronzes and antiques, rare manuscripts and
books, articles of virtu, etc.
(B) Musical Instrument Floaters. Radios, televisions, record players and
combinations thereof are not deemed musical instruments.
(C) Radium Floaters.
(D) Physicians' and Surgeons' Instrument Floaters. Such policies may
include coverage of such furniture, fixtures and tenant assured's interest
in such improvements and betterments of buildings as are located in that
portion of the premises occupied by the assured in the practice of his
profession.
(E) Pattern and Die Floaters, excluding coverage on the owner's premises.
(F) Theatrical Floaters, excluding buildings and their improvements and
betterments, and furniture and fixtures that do not travel about with
theatrical troupes.
(G) Film Floaters, including builders' risk during the production and
coverage on completed negatives and positives and sound records.
(H) Salesmen's Samples Floaters.
(I) Jewelers' Block Policies, including tenant assured's interest in
improvements and betterments of buildings, furniture, fixtures, tools,
machinery, patterns, molds and dies.
(J) Exhibition Policies on property while on exhibition and in transit to
or from such exhibitions.
(K) Live Animal Floaters, covering wherever animals, wagons and mobile
equipment may be.
(L) Installation risks, covering machinery and equipment including
plumbing, heating, cooling and electrical systems (as distinguished from
building materials) while in transit to place of installation and during
the period of installation and testing. Coverage must cease:
(1) where such property is insured for the account of the seller or
installer, when the interest of such insured ceases; or,
(2) in no case later than when such property has been accepted as
satisfactory; whichever first occurs, as to (1) or (2).
Building materials (e.g., structural steel, lumber, bricks and mortar),
while in transit to place of installation and after arrival thereat but
such coverage must terminate when the materials are installed and have
become a physical part of the realty or when the seller's interest ceases,
whichever first occurs.
(M) Mobile Articles, Machinery and Equipment Floaters (excluding motor
vehicles designed for highway use and auto homes, trailers and
semitrailers except when hauled by tractors not designed for highway use
and snow plows constructed exclusively for highway use), covering
identified property of a mobile or floating nature, not on sale or
consignment, or in course of manufacture, which has come into the custody
or control of parties who intend to use such property for the purpose for
which it was manufactured or created. Such policies shall not cover
furniture and fixtures not customarily used away from premises where such
property is usually kept.
(N) Property in transit to or from and in the custody of
(1) Bleacheries, throwsters, fumigatories, dyers, cleaners, laundries, and
similar bailees;
(2) Needleworkers;
(3) Other bailees (not owned, controlled or operated by the bailor) for
the purpose of performing work thereon (as distinguished from the making
of a complete article) including the treatment of, or assemblage, of
property on the premises of bailees. Such policies shall not cover
bailee's property at his premises.
(O) Installment Sales and Leased Property. Policies covering property sold
under conditional contract of sale, partial payment contract, installment
sales contract, or leased but excluding motor vehicles designed for
highway use. Such policies must cover in transit but shall not extend
beyond the termination of the seller's or lessor's interest. This section
is not intended to include machinery and equipment under certain
"lease-back" contracts.
(P) Garment Contractors Floaters.
(Q) Furriers or Fur Storer's Customer's Policies (i.e., policies under
which certificates or receipts are issued for furriers or fur storers)
covering specified articles the property of customers.
(R) Accounts Receivable Policies, Valuable Papers and Records Policies.
(S) Cold Storage Locker Plant Policies, covering merchandise of customers
consisting principally of meats, game, fish, poultry, fruit, vegetables
and property of a similar nature.
(T) Floor Plan Policies, covering property for sale while in possession of
dealers under a floor plan or any similar plan under which the dealer
borrows money from a bank or lending institution with which to pay the
manufacturer, provided:
(1) Such merchandise is specifically identifiable as encumbered to the
bank or lending institution.
(2) The dealer's right to sell or otherwise dispose of such merchandise is
conditioned upon its being released from encumbrance by the bank or
lending institution.
(3) That such policies cover in transit and do not extend beyond the
termination of the dealer's interest. Provided that such policies shall
not cover automobiles or motor vehicles; merchandise for which the
dealer's collateral is the stock or inventory as distinguished from
merchandise specifically identifiable as encumbered to the lending
institution.
(U) Sign and Street Clock Policies, covering neon signs, automatic or
mechanical signs, street clocks, while in use as such.
(V) The following policies covering property which, when sold to the
ultimate purchaser, may be covered specifically, by the owner, under
Inland Marine Policies:
(1) Musical Instrument Dealers Policies, covering property consisting
principally of musical instruments and their accessories. Radios,
Telephones, recordplayers and combinations thereof are not deemed musical
instruments.
(2) Camera Dealers Policies, covering property consisting principally of
cameras and their accessories.
(3) Furrier's Dealers Policies, covering property consisting principally
of furs and fur garments.
(4) Equipment Dealers Policies, covering mobile equipment consisting of
binders, reapers, tractors, harvesters, harrows, tedders and other similar
agricultural equipment and accessories therefor; construction equipment
consisting of bulldozers, roadscrapers, tractors, compressors, pneumatic
tools and similar equipment and accessories thereof; but excluding motor
vehicles designed for highway use. All such policies shall exclude
coverage of moneys and securities. Such policies may include coverage of
tenant assured's interest in improvements and betterments of
buildings,furniture, fixtures, tools, machinery, patterns, molds and dies.
(W) Wool Growers Floaters.
(X) Domestic Bulk Liquids Policies, covering domestic bulk liquids stored
in tanks provided the risks of fire and inherent explosion, windstorm,
sprinkler leakage, earthquake, hail, explosion, riot or civil commotion
are excluded therefrom.
(Y) Furniture Shipment Policies, covering furniture, fixtures and
equipment in bona fide course of shipment from one location to another
location of the owner including in place of deposit incident to such
transportation while awaiting determination or availability of final
destination, in which event they must cover at time of issuance
transportation to or from such place of deposit but may not cover after
delivery at destination.
HISTORY
1. Amendment filed 5-31-66; effective thirtieth day thereafter (Register
66,
No. 16). For prior history, see Register 61, No. 11.
26 CA ADC s 10-2321
END OF DOCUMENT
(C) Copyright 2006, Result Oriented Marketing, Inc.
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