APPENDIX 5 AMENDMENT TO THE CALIFORNIA INSURANCE CODE
Jurisdiction | United States |
Insurance Code re: Public Adjusters
Note: Author's comments are in italics.
Amendment to the California Insurance Code
LEGISLATIVE COUNSEL'S DIGEST
AB 2578, Cardenas. Insurance: public insurance adjusters.
Existing law provides for the regulation of public insurance adjusters. Existing law prohibits any person from engaging in the business of public insurance adjusting, or from acting as or representing himself or herself to be, a public insurance adjuster without a license.
This bill would provide for certain civil penalties for violating this prohibition. This bill would also provide that any contract for relevant services entered into by an insured with any unlicensed person may be voided at the option of the insured and would provide that the insured is not liable for payment of any past services rendered or future services to be rendered by that unlicensed person under that contract or otherwise.
This bill would also authorize the Insurance Commissioner to issue a cease and desist order to any person engaging in the business of public insurance adjusting, or acting as or representing himself or herself to be, a public insurance adjuster without a license. It would also provide for certain civil penalties for failure to comply with any such order and would authorize the commissioner to bring an action in a court of competent jurisdiction to enforce the collection of those penalties.
Text of statute:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. § 15006 of the Insurance Code is amended to read:
15006.
(a) No person shall engage in a business regulated by this chapter, or act or assume to act as, or represent himself or herself to be, a licensee unless he or she is licensed under this chapter.
(b) Any contract for services regulated by this chapter that is entered into by an insured with any person who is in violation of subdivision (a) may be voided at the option of the insured, and the insured shall not be liable for the payment of any past services rendered, or future services to be rendered, by that person under that contract or otherwise.
...(c) Whenever
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- FRONT MATTER
- NOTE ON THE TEXT
- TABLE OF CONTENTS
- ABOUT THE AUTHOR
- INTRODUCTION
- CHAPTER 1 THE HISTORY OF INSURANCE
- CHAPTER 2 THE CONTRACT OF PERSONAL INDEMNITY
- CHAPTER 3 CONSTRUCTION OF INSURANCE CONTRACTS
- CHAPTER 4 DIFFERENCES BETWEEN PROPERTY AND LIABILITY POLICIES
- CHAPTER 5 RESCISSION OF INSURANCE POLICIES
- CHAPTER 6 DUTIES OF THE INSURED AND THE INSURER
- CHAPTER 7 CONDITIONS, WARRANTIES, AND EXCLUSIONS
- CHAPTER 8 FORTUITY
- CHAPTER 9 TRIGGER OF COVERAGE
- CHAPTER 10 APPRAISAL
- CHAPTER 11 INDEPENDENT COUNSEL AND THE LAW OF UNINTENDED CONSEQUENCES
- CHAPTER 12 FRAUD AND FALSE SWEARING
- CHAPTER 13 SUBROGATION
- CHAPTER 14 "OTHER INSURANCE" CLAUSES
- CHAPTER 15 MOLD AND FUNGI
- CHAPTER 16 PUNITIVE DAMAGES
- CHAPTER 17 PREEMPTION AND THE POWER TO CONTROL INSURANCE
- CHAPTER 18 FEDERAL OR STATE COURT FOR DECLARATORY RELIEF
- APPENDIX 1 THE CALIFORNIA STANDARD FIRE INSURANCE POLICY
- APPENDIX 2 DEFINITIONS
- APPENDIX 3 INSURANCE FRAUD STATUTES
- APPENDIX 4 PROPERTY PROOF OF LOSS
- APPENDIX 5 AMENDMENT TO THE CALIFORNIA INSURANCE CODE
- APPENDIX 6 FORM LETTER: ADVISING OF RIGHT TO APPRAISAL
- APPENDIX 7 FORM LETTER: RESERVATION OF RIGHTS LETTER TO INSURED—THIRD-PARTY CLAIM
- APPENDIX 8 FORM LETTER: RESERVATION OF RIGHTS LETTER B—LONG FORM
- APPENDIX 9 FULL TEXT OF GARVEY V. STATE FARM
- TABLE OF CASES
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