California Insurance Code 1724.5 – Every individual and organization licensee and every applicant for a …
Every individual and organization licensee and every applicant for a license shall file with the commissioner in writing the true name of the individual or organization and also all fictitious names under which an individual or organization conducts or intends to conduct business and after licensing shall file with the commissioner any change in or discontinuance of those names. The commissioner may in writing disapprove the use of any true or fictitious name (other than the bona fide natural name of an individual) by any licensee on any of the following grounds:
(a) The name is an interference with or is too similar to a name already filed and in use by another licensee;
Terms Used In California Insurance Code 1724.5
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- license: includes a certificate of convenience and a permanent license, and the term "persons who are licensed" includes the holders of any such certificate or the license, but these definitions and the use of those terms in this chapter shall not confer upon a certificate of convenience or any holder thereof any property right in or to the certificate, the certificate being and remaining only a temporary permit, issued as a matter of convenience, allowing the transaction of insurance without a permanent license, but within the limits, and subject to the conditions of the certificate of convenience issued and the laws applicable thereto. See California Insurance Code 1627
- 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
- organization: means any legal entity other than a natural person. See California Insurance Code 1628
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
(b) The use of the name may mislead the public in any respect;
(c) The name states, infers or implies that the licensee is an insurer, motor club, hospital service plan or entitled to engage in insurance activities not permitted under licenses held or applied for;
(d) The name states or implies that the licensee is an underwriter. This subdivision shall not prevent natural persons who are life licensees from describing themselves as an “underwriter” or from using the designation “Chartered Life Underwriter” if entitled thereto nor shall it prevent a natural person who is a fire and casualty licensee from using the designation “Chartered Property and Casualty Underwriter” if entitled thereto nor a producers trade association each member of which is also separately licensed from having a name containing the word underwriter; or
(e) The licensee has already filed and not discontinued the use of more than two names including the true name. This subdivision shall not prevent a licensee who has lawfully purchased or succeeded to the business or businesses of other licensees from using for each business not more than two additional names, true or fictitious, consisting of names used by the licensee’s predecessors in the conduct of those businesses.
A licensee may not use a true or fictitious name after being notified by the commissioner in writing that the use is contrary to this section. If the commissioner determines that there are facts in mitigation in connection with the continued use of the name the commissioner may permit its use for a specified reasonable period of time if in connection therewith the commissioner imposes conditions that will protect the public and achieve the purposes of this section. The permission and conditions shall be written.
The grounds specified in subdivisions (a), (c), and (d) shall not be applicable to the true name of any organization licensee that on October 1, 1961, holds under that name any type of license issued under this chapter (commencing with Section 1621) or Chapter 8 (commencing with Section 1831) of this part nor to any fictitious name in use on October 1, 1961, by any individual or organization holding any type of license issued under this chapter or Chapter 8 of this part on that date, provided the fictitious name is filed with the commissioner on or before January 2, 1962.
The ground specified in subdivisions (b) and (e) shall not be applicable to any licensee who, or which, on October 1, 1961, holds a license issued under this chapter or Chapter 8 of this part until on and after January 2, 1964.
(Amended by Stats. 2021, Ch. 133, Sec. 16. (SB 272) Effective July 23, 2021.)