CHAPTER 5. INSURANCE COMMISSIONER

10 CA ADC T. 10, Chap. 5, References and Annotations

SUBCHAPTER 1. PRODUCTION OF INSURANCE

ARTICLE 1. STANDARDS FOR APPROVAL AND DISAPPROVAL OF NAMES OF INSURANCE PRODUCERS

s 2050. Authority.

s 2050.1. Purpose.

s 2051. Definitions.

s 2052. Interference with a Name Already in Use or Under Reservation.

s 2052.1. Proposed Name Too Similar to Name Already in Use or Under Reservation.

s 2052.2. Proposed Name States or Implies Insurance Capabilities Not Permitted Under Held or Applied for Licenses.

s 2052.3. Proposed Name States or Implies Ability to Act as an Insurer or Guarantor.

s 2052.4. When Proposed Name Is Misleading.

s 2052.5. Effective Date of Standards.

ARTICLE 2. BAIL TRANSACTIONS

s 2053. Application; Construction.

s 2053.1. Past Violations; Power of Commissioner.

s 2054. Definitions; Application of Insurance Code.

s 2054.1. "Bail License"; "Bail Licensee"; Terms Defined.

s 2054.2. "Bail Agent" or "Permittee" Includes Copartners.

s 2054.3. "Bail"; "Transaction of Bail"; Terms Defined.

s 2054.4. Payment of Commissions; Unlawful Rebates; Prohibited.

s 2054.5. "Arrestee" Defined.

s 2054.6. Notices; Time for Filing.

s 2054.7. Notice of Noncompliance; Request and Hearing.

s 2055. Applications; Forms.

s 2056. License Qualifications.

s 2057. Prohibited Associations.

s 2058. License; Prior Prohibited Associations.

s 2059. Solicitor, Other Licenses Prohibited.

s 2060. Natural Persons Only.

s 2061. Transacting as Partners; Notices.

s 2061.1. Partners; Individual Licensing; Rebating.

s 2061.2. Copartners; Filing Individual Statements.

s 2061.3. Change in Partnership; Notices.

s 2061.4. Copartnership Suspension; Prohibitions.

s 2061.5. Copartnership; Disciplinary Action for Act of One Partner.

s 2062. Licensed Employees; Notice of Employment.

s 2062.1. Employee; Licensed in Same Capacity as Employer.

s 2062.2. Employment; Written Notices.

s 2063. Licensed and Unlicensed Employees; Effect.

s 2063.1. Employer Supervision; Disciplinary Action.

s 2063.2. Branch Offices.

s 2063.3. Solicitor; Transactions and Conduct.

s 2064. Bail Licensees; Capacity and Conduct.

s 2065. Business in Specified Capacities Only and Notices.

s 2066. Business in Own Name.

s 2066.1. Using Employer's Name.

s 2066.2. Using Predecessor's Name.

s 2066.3. Fictitious Names; Filing, Similar Names.

s 2066.4. Disapproval of Fictitious Name.

s 2066.5. Advertising of Fictitious Names.

s 2067. Misrepresenting Capacity, Authority.

s 2068. Transactions by Unlicensed Persons; Prohibitions.

s 2069. Confidential Communications; Information.

s 2070. Agreements for Bail Before Arrest; Prohibited.

s 2071. Suggesting or Recommending Attorney; Prohibited.

s 2072. Acting for Attorney; Prohibited.

s 2073. Preparation of Writ of Habeas Corpus; Prohibited.

s 2074. Unlawful Solicitations; Place.

s 2075. Regulations of Public Authority; Compliance.

s 2076. Informing or Notifying of Arrests; Prohibitions.

s 2077. Fictitious Communications.

s 2077.1. Identification Card.

s 2078. Gifts Prohibited.

s 2079. Soliciting of Bail; Persons.

s 2079.1. Solicitation of Arrestee; Hours.

s 2080. Negotiation of Bail; Persons.

s 2081. Collection and Charges Permitted.

s 2082. Prohibited Service Charges.

s 2083. Written Statements of Bail Transactions; Contents; Delivery.

s 2083.1. Same; Additional Statements.

s 2084. Guarantor Agreements; Delivery; Notices.

s 2086. Undertakings of Bail; Delivery; Compliance.

s 2087. Waiver of Rights of Guarantor, Prohibited.

s 2088. Collateral; Fiduciary Relation.

s 2088.1. Collateral; Custody Thereof.

s 2088.2. Return of Collateral.

s 2088.3. Real Property as Collateral.

s 2089. Return of Excess Collateral on Forfeiture.

s 2090. Surrender of Arrestee to Custody; Return of Premiums.

s 2091. Forfeitures; Misrepresentations.

s 2092. Interrogations; Licensee Must Answer.

s 2094. Filing Schedule of Charges.

s 2094.1. Rates Chargeable.

s 2094.2. Filing of Charges; Differences in Rates.

s 2095. Filings; Necessary Notices.

s 2096. Improper Forms; Notice.

s 2097. Documents; Retention of Originals or Duplicates by Licensee.

s 2098. Documents; Retention of Copies by Licensee.

s 2099. Documents; Tender to Arrestee or Representative.

s 2100. Necessary Record; Open to Inspection.

s 2101. Copartnership Records; Filings.

s 2101.1. Records; Licensed Employees.

s 2101.2. Records; Temporary Associations.

s 2101.3. Records; Temporarily Conducting Business.

s 2102. Use of Filed Documents and Forms.

s 2103. Information; Not Required; Severability.

s 2104. Destruction of Records.

ARTICLE 3. MOTOR VEHICLE INSURANCE

s 2107. Prevention of Fraud; Statement to Purchaser.

s 2108. Relation to Specific Rules.

s 2109. Terms Defined; Rules for Construction.

s 2110. License Requirements; Dealer.

s 2111. Same; Appointment by Insurer Required for Agent.

s 2112. Same; When Required of Employee.

s 2113. Responsibility of Licensee for Employees.

s 2114. Written Statement to Purchaser.

s 2114.3. Written Statement; on Revision or Correction of Contract.

s 2114.5. Written Statement; Transaction by Dealer's Subsidiary.

s 2114.7. Duty of Licensee in Quotation of Rate.

s 2115. Licensee to Compare Statement and Policy and Make Adjustment.

s 2116. Maintenance of Separate Record; Contents.

s 2117. Record Required of Insurance Not Included in Vehicle Transaction.

s 2118. Purchase of Contracts Restricted.

s 2119. Insurance Through Unlicensed Dealers; Placing by Licensee Prohibited.

s 2120. Same; Duty of Licensee to Investigate.

s 2121. Same; Commission Payment to, Prohibited.

s 2121.5. Duty of Licensee; Remission of Premium; Refund of Finance Charge.

s 2122. Return Premium; Account to Purchaser.

s 2123. Same; Form of Assignment to Dealer.

s 2124. Refund or Additional Charge Less Than $1.00 Waived.

s 2125. Duty to Deliver Policy or Certificate.

s 2126. Compliance Required in Addition to Insurance Code.

s 2127. Penalties.

ARTICLE 3.5. RENTAL CAR AGENT LICENSING REGULATIONS

s 2130. Authority.

s 2130.1. Definitions.

s 2130.2. Applications.

s 2130.3. Fees.

s 2130.4. Disclosure.

s 2130.5. Training.

s 2130.6. Records.

s 2130.7. Forms.

s 2130.8. Procedures.

ARTICLE 4. SURPLUS LINES

s 2131. Misrepresentation by Licensee to Surplus Line Broker.

s 2132. Preference to Admitted Insurers; Collection of Tax.

s 2133. Submission to Admitted Insurers: "Class" Defined.

s 2134. Not Unprocurable If Admitted Insurer Cannot Lawfully Issue.

s 2135. Not Unprocurable If Combination of Classes Not Authorized.

s 2136. Artificial Division of Coverage Prohibited.

s 2137. Refusal by Admitted Insurers to Write Lawful Coverage by Mutual Agreement.

s 2138. Rejection of Part of Class by Admitted Insurers.

s 2139. Offered at Specified Rate: Filing with Commissioner.

s 2140. Use of Broker's License for Rate Competition.

s 2141. Life Insurance.

s 2142. Fire Insurance.

s 2143. Earthquake Insurance.

s 2144. Riot, Strike, Civil Commotion and Malicious Damage.

s 2145. Depreciation Insurance.

s 2146. Collapse Insurance.

s 2147. (a) Furriers Block Policy.

s 2148. Negative Film Floater.

s 2149. Other Forms of Inland Marine.

s 2150. Title Insurance.

s 2151. Surety Insurance.

s 2152. Disability.

s 2153. Plate Glass.

s 2154. Liability.

s 2155.

s 2156.

s 2157.

s 2158. Workmen's Compensation.

s 2159. Common Carrier Liability.

s 2160. Boiler and Machinery.

s 2161. Burglary.

s 2162. Same: Other Forms.

s 2163. Credit Insurance.

s 2164. Sprinkler.

s 2165. Team and Vehicle.

s 2166. Automobile.

s 2167. Mortgage Insurance.

s 2168. Aircraft Insurance.

s 2169. Land Value.

s 2170. Miscellaneous.

s 2171. Third Party Property Damage Insurance.

s 2171.1. Notice to Insureds.

s 2172. Filing Rules.

s 2173. Pre-Condition to Placement with Nonadmitted Insurers.

s 2174. Placement of Insurance with Alien Nonadmitted Insurers.

s 2174.1. Definitions.

s 2174.2. Schedule of Fees.

s 2174.3. Documents to Submit.

s 2174.4. Public Availability of Documents.

s 2174.5. Documents to Submit.

s 2174.6. Filing.

s 2174.7. Rejection of Documents.

s 2174.8. List of Filings.

s 2174.9. Standards For Evaluation Of Insurers.

s 2174.10. Procedures For Orders Under Section 1765.1.

s 2174.11. Public Availability of Documents.

s 2174.12. Status of Nonadmitted Insurers.

s 2174.13. Transition.

s 2174.14. Notice to Licensees.

ARTICLE 4.5. PROCEDURES GOVERNING PERSONS SUBJECT TO TITLE 18 UNITED STATES CODE SECTION 1033

s 2175. Procedures Governing Prohibited Persons.

s 2175.1. Purpose.

s 2175.2. Definitions.

s 2175.3. Who Must Comply.

s 2175.4. Prohibited Persons Currently Engaged in or Transacting the Business of Insurance.

s 2175.5. Responsibility of Insurers and Other Employers to Identify Prohibited Persons.

s 2175.6. Applications for Written Consent.

s 2175.7. Consideration of Applications for Written Consent.

s 2175.8. Written Consent as a Prerequisite for Obtaining or Retaining a License.

s 2175.9. Standard Form of Application for Requesting Written Consent.

s 2175.10. Requirements for Character References.

s 2176. Denial, Expiration or Termination of Written Consent.

s 2176.1. Effect of False or Misleading Statements.

s 2176.2. Written Consent Effective for Specified Positions and Responsibilities Only.

s 2176.3. Temporary Written Consent.

s 2176.4. Subsequent Convictions of Prohibited Persons Previously Granted Written Consent.

s 2177. Hearing Procedure.

s 2177.1. Time Limit in Which to Request a Hearing.

s 2177.2. Form of Request for Hearing and Information Required.

s 2177.3. Filing and Service Requirements.

s 2177.4. Time of Hearing.

s 2177.5. Continuances; Good Cause.

s 2177.6. Role of Department of Insurance.

s 2177.7. Representation of Prohibited Person at the Hearing.

s 2177.8. Administrative Law Judge's Authority.

s 2177.9. Burden of Proof.

s 2177.10. Evidence.

s 2177.11. Additional Evidence or Briefing.

s 2177.12. Official Notice.

s 2177.13. Hearing Reporter.

s 2177.14. Costs.

s 2178. Procedures to Be Employed By the Commissioner in Considering Requests for Consent.

ARTICLE 5. INSURANCE IN CONNECTION WITH SALES AND LOANS

s 2180. Maximum Charge; Policy Substitution.

s 2181. Purpose and Scope.

s 2181.1. Reasonable Cause: Right to Disapprove of the Insurer Selected to Underwrite Insurance.

ARTICLE 5.5. LICENSE QUALIFICATION EXAMINATIONS

s 2182. Limitation on Taking Further Examinations.

ARTICLE 5.6. PERSONAL LINES EXAMINATION EXEMPTION REQUEST

s 2182.1. Authority and Purpose.

s 2182.2. Definitions.

s 2182.3. Personal Lines Examination Exemption Request.

s 2182.4. Applicant Qualifications.

s 2182.5. Deadline for Exemption Request.

ARTICLE 6. DISCLOSURE OF COMPENSATION RECEIVED FROM PREMIUM FINANCERS

s 2185. Disclosure of Compensation.

ARTICLE 6.5. PRELICENSING AND CONTINUING EDUCATION

s 2186. Authority and Purpose.

s 2186.1. Definitions.

s 2187. Prelicensing Education for Fire and Casualty Broker-Agents.

s 2187.1. Prelicensing Education for Life Agents.

s 2187.2. Prelicensing Education on Ethics and the California Insurance Code.

s 2187.3. Prelicensing Education for Personal Lines Broker-Agent.

s 2187.4. Prelicensing Curriculum for Personal Lines Licensees To Become Fire and Casualty Broker-Agents.

s 2188. Provider Qualification, Certification and Renewal.

s 2188.1. Instructor Qualifications.

s 2188.2. Course Approval.

s 2188.23. Prelicensing/Continuing Education Program Course Approval Application Form 446-3.

s 2188.24. Class Presentation Schedule Form 446-12.

s 2188.3. Course Renewal.

s 2188.4. Maintenance of Records.

s 2188.5. Successful Completion of Prelicensing Courses.

s 2188.6. Successful Completion of Continuing Education Courses.

s 2188.7. Successful Completion of Statutory Approved Courses.

s 2188.8. Certificates of Completion.

s 2188.83. Provider Roster Form 446-13.

s 2188.9. Rescission of Provider Certification or Course Approval.

ARTICLE 6.8. BROKER FEES

s 2189.1. Applicability.

s 2189.2. Definitions.

s 2189.3. Broker Fee Requirements.

s 2189.4. Disclosure and Agreement.

s 2189.5. Unfair and Deceptive Acts and Practices.

s 2189.6. Discipline.

s 2189.7. Severability.

s 2189.8. Effective Date.

Appendix A

Appendix B

ARTICLE 7. PRODUCTION AGENCY RECORDS

s 2190. Authority.

s 2190.05. Definitions.

s 2190.1. General.

s 2190.2. Required Records.

s 2190.3. Records by File.

s 2190.4. Direct Billing.

s 2190.5. Bank Records.

s 2190.6. Interest Bearing Accounts.

s 2190.7. Place Where Records Kept.

s 2190.8. Retention Period.

ARTICLE 7.5. PRESCRIBED METHOD OF FILING NOTICE OF APPOINTMENT OF AGENTS AND NOTICE OF TERMINATION OF APPOINTMENT OF AGENTS

s 2190.20. Authority and Purpose.

s 2190.22. Prescribed Method of Electronic Filing.

s 2190.24. Prescribed Alternate Methods of Filing.

ARTICLE 8. INSURED AUTOMOBILE INSPECTION

s 2191. Insured Automobile Inspection.

s 2191.2. Automobile Theft and Loss Reporting.

ARTICLE 9. CREDIT INSURANCE AGENT LICENSING REGULATIONS

s 2192.1. Authority.

s 2192.2. Applicability.

s 2192.3. Definitions.

s 2192.4. Applications; License Term.

s 2192.5. Fees.

s 2192.6. Disclosure.

s 2192.7. Training.

s 2192.8. Records.

s 2192.9. Forms.

s 2192.10. Certifications.

s 2192.11. Limitations on the Authority of the Credit Insurance Agent to Transact.

s 2192.12. Endorsee Termination and Renewal.

s 2192.13. Effective Date.

ARTICLE 10. CLERICAL ACTIVITIES EXEMPT FROM LICENSURE

s 2193. Definitions.

s 2193.1. Exemptions for Clerical Activities.

s 2193.2. Exemptions for Making Clerical Changes and Providing Indirect Marketing and Servicing Support.

s 2193.3. Necessity of License.

ARTICLE 11. COMMUNICATIONS EQUIPMENT AGENT LICENSING REGULATIONS

s 2194. Authority and Purpose.

s 2194.1. Definitions.

s 2194.2. Applications.

s 2194.3. Fees.

s 2194.4. Disclosure.

s 2194.5. Training.

s 2194.6. Records.

s 2194.7. Forms.

s 2194.8. Procedures.

ARTICLE 12. SELF-SERVICE STORAGE AGENT LICENSING REGULATIONS

s 2194.9. Authority and Purpose.

s 2194.10. Definitions.

s 2194.11. Applications.

s 2194.12. Fees.

s 2194.13. Disclosure.

s 2194.14. Training.

s 2194.15. Records.

s 2194.16. Forms.

s 2194.17. Procedures.