Terms Used In California Codes > Health and Safety Code > Division 10 > Chapter 4 - Prescriptions

• Accredited state: means a state in which the insurance department or regulatory agency having jurisdiction over the business of insurance has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners' (NAIC) Financial Regulation Standards and Accreditation Program. See California Insurance Code 1216.1
• Airborne toxic control measure: means either of the following:

  California Health and Safety Code 39655

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• City: includes "city and county. See California Insurance Code 15
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• Commissioner: means the Insurance Commissioner of the state and any assistant to the Insurance Commissioner designated and authorized by the commissioner while acting under their designation as the Insurance Commissioner. See California Insurance Code 1215
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• control: includes the terms "controlling" "controlled by" and "under common control with" and means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See California Insurance Code 1215
• controlled: has the meaning ascribed in Section 1215. See California Insurance Code 1216.1
• Controlled insurer: means an admitted insurer which is controlled, directly or indirectly, by a producer. See California Insurance Code 1216.1
• Controlling producer: means a producer who, directly or indirectly, controls an insurer. See California Insurance Code 1216.1
• County: includes "city and county. See California Insurance Code 14
• County: includes "city and county. See California Code of Civil Procedure 17
• Decedent: A deceased person.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Devise: To gift property by will.
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Enterprise risk: means any activity, circumstance, or event or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including, but not limited to, anything that would cause the insurer's risk-based capital to fall into company action level as set forth in Article 4. See California Insurance Code 1215
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Federal act: means the Clean Air Act (42 U. See California Health and Safety Code 39655
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Group capital calculation instructions: means the group capital calculation instructions as adopted by the NAIC and as amended by the NAIC in accordance with the procedures adopted by the NAIC. See California Insurance Code 1215
• Groupwide supervisor: means the insurance official authorized to engage in conducting and coordinating groupwide supervision activities who is determined or acknowledged by the commissioner pursuant to subdivision (a) of Section 1215. See California Insurance Code 1215
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See California Insurance Code 1215
• insurer: means any person, firm, association, or corporation admitted to transact any property or casualty insurance business in this state. See California Insurance Code 1216.1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internationally active insurance group: means an insurance holding company system that includes an insurer registered pursuant to Section 1215. See California Insurance Code 1215
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Legatee: A beneficiary of a decedent
• library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
• licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• NAIC: means the National Association of Insurance Commissioners. See California Insurance Code 1215
• NAIC Liquidity Stress Test Framework: is a n NAIC publication that includes a history of the NAIC's development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year. See California Insurance Code 1215
• Office: means the Office of Environmental Health Hazard Assessment. See California Health and Safety Code 39655
• Person: is a n individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or any similar entity, or any combination thereof acting in concert. See California Insurance Code 1215
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Pesticide: means any economic poison as defined in §. See California Health and Safety Code 39655
• Producer: means a fire and casualty licensee or licensees or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, the person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation. See California Insurance Code 1216.1
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Quorum: The number of legislators that must be present to do business.
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Insurance Code 18
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Toxic air contaminant: means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. See California Health and Safety Code 39655
• Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See California Insurance Code 1215
• Will: includes codicil. See California Code of Civil Procedure 17