California Insurance Code 702 – (a) An insurer that maintains a certificate of authority to …
(a) An insurer that maintains a certificate of authority to transact insurance in this state, advertises insurance on the Internet, and transacts insurance in this state, shall identify all of the following information on the Internet, regardless of whether the insurer maintains its Internet presence or if the presence is maintained on its behalf:
(1) Its name as it appears on its California certificate of authority, and if different, the name approved by the commissioner for doing business in this state.
Terms Used In California Insurance Code 702
- Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
- Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
- State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
- Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
(2) The state of its domicile and its principal place of business.
(3) The number on its California certificate of authority. In lieu of this number, an insurer may identify all states in which it maintains certificates of authority to transact insurance, provided that the insurer discloses its identification number as assigned by the National Association of Insurance Commissioners.
(b) An Internet presence maintained by or on behalf of an insurer not admitted to transact insurance in this state constitutes an advertisement, and the insurer shall comply with the requirements of Section 703.1 if it transacts insurance as defined in subdivision (c).
(c) A person who advertises on the Internet shall be deemed to be transacting insurance in this state if the person does any of the following:
(1) Provides an insurance premium quote specifically to a California resident.
(2) Accepts an application for coverage from a California resident.
(3) Otherwise communicates with a California resident regarding one or more terms of an agreement to provide insurance or an insurance policy.
This subdivision shall not apply to any lawful placement with a nonadmitted insurer, including when a person conveys a quote, accepts an application, and conducts all communications with a California resident solely through a surplus line broker or special lines’ surplus line broker pursuant to California surplus line laws.
(Added by Stats. 2000, Ch. 211, Sec. 1. Effective January 1, 2001.)