California Insurance Code
Encyclopedia
The California Insurance Code are the codified California law
s regarding insurance
. The code not only covers requirements for home, auto, medical and business insurance policies, but also covers the licensing of bail bond agents, workers' compensation, motor club services, and other related business types. Topics include: classes of insurance, code provisions governing the insurance commissioner, laws pertaining to insurance adjusters, insurance contracts, liability limitations, and common carrier liability insurance. The California Department of Insurance
oversees the enforcement of the code and execution of its policies.
signed State Bill 2199 into law, adding a provision into the California Insurance Code for creation of a Slavery Era Insurance Registry. The bill was created with the intent of preserving historical information regarding slave owners and their slaves in order to provide genealogical research information for slave descendants as well as to preserve possible evidence for potential reparation
claims. The bill requires insurance companies to provide the California Department of Insurance with any historical records regarding slaveholder insurance policies issued by any predecessor corporation during the era of slavery. The information collected is to be made available to the public by the Department.
California law
California law consists of several levels, including constitutional, statutory, and regulatory law, as well as case law.-Constitutional law:...
s regarding insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
. The code not only covers requirements for home, auto, medical and business insurance policies, but also covers the licensing of bail bond agents, workers' compensation, motor club services, and other related business types. Topics include: classes of insurance, code provisions governing the insurance commissioner, laws pertaining to insurance adjusters, insurance contracts, liability limitations, and common carrier liability insurance. The California Department of Insurance
California Department of Insurance
The California Department of Insurance , established in 1868, is the agency charged with overseeing the regulation of insurance regulations, enforcing statutes mandating consumer protections, educating consumers, and fostering the stability of insurance markets in the state of California...
oversees the enforcement of the code and execution of its policies.
Slavery Era Insurance Registry
In September 2000, Governor Gray DavisGray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
signed State Bill 2199 into law, adding a provision into the California Insurance Code for creation of a Slavery Era Insurance Registry. The bill was created with the intent of preserving historical information regarding slave owners and their slaves in order to provide genealogical research information for slave descendants as well as to preserve possible evidence for potential reparation
Reparations for slavery
Reparations for slavery is a proposal that some type of compensation should be provided to the descendants of enslaved people in the United States, in consideration of the coerced and uncompensated labor their ancestors performed over several centuries...
claims. The bill requires insurance companies to provide the California Department of Insurance with any historical records regarding slaveholder insurance policies issued by any predecessor corporation during the era of slavery. The information collected is to be made available to the public by the Department.
Rescission Provision Upheld
Under the code sections 331 and 359, when an insured has misrepresented or concealed facts which are material to the application for insurance, the underwriter may rescind the policy. On March 8, 2005, the California Court of Appeal's 2nd Appellate District Div. Five affirmed and enforced California's Marine Rule in James E. Mitchell, Individually and as Trustee of the Mitchell Family Trust vs. United National Ins. Co.. The summary finding stated:
[A]n insurer may, under [California] Insurance Code sections 331 and 359, rescind a fire insurance policy based on an insured's negligent or unintentional misrepresentation of a material fact in an insurance application, notwithstanding the willful misrepresentation clause included in the required standard form fire insurance policy (Insurance Code sections 2070 and 2071).