California Insurance Code 1758.84 – (a) If a licensee or endorsee violates any provision of this …
(a) If a licensee or endorsee violates any provision of this article or any other provision of this code, the commissioner may do any of the following:
(1) After notice and hearing, suspend or revoke the license of the car rental agent.
Terms Used In California Insurance Code 1758.84
- Car rental agent: means a person or organization licensed pursuant to this article to offer insurance in connection with and incidental to rental car agreements on behalf of an insurer authorized to write those types of insurance in this state. See California Insurance Code 1758.89
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- Endorsee: means an unlicensed employee of a car rental agent who meets the requirements of this article. See California Insurance Code 1758.89
- 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
(2) After notice and hearing impose fines on the car rental agent for its conduct or that of its endorsees.
(3) After notice and hearing, impose other penalties, that the commissioner deems necessary and convenient to carry out the purpose of this code, including suspending the privilege of transacting insurance at specific rental locations where violations have occurred, and suspending or revoking the endorsement of individual endorsees or manager endorsees.
(b) If any person sells insurance in connection with, or incidental to, rental car agreements or claims to be or holds an organization out as a car rental agent without obtaining the license required by this article, or as being an endorsee when that person is not an endorsee, or as being licensed pursuant to Chapter 5 (commencing with Section 1631) without obtaining that license, the commissioner may issue a cease and desist order pursuant to Section 12921.8.
(c) Notwithstanding any other provision of law to the contrary, the provisions of Section 1748.5 are applicable to both the car rental agent and any endorsee to the license of the car rental agent.
(Amended by Stats. 2020, Ch. 184, Sec. 35. (SB 1255) Effective January 1, 2021.)