California Codes > Insurance Code > Division 1 > Part 2 – THE BUSINESS OF INSURANCE


Chapter 1	General Regulations
Chapter 2	Incorporated Insurers
Chapter 3	Reciprocal Insurers
Chapter 4	Foreign Insurers
Chapter 5	Production Agencies
Chapter 5A	Administrators
Chapter 6	Surplus Line Brokers
Chapter 6.1	Surplus Line Advisory Organization
Chapter 6.5	Reinsurance Intermediaries
Chapter 7	Bail Licenses
Chapter 8	Life and Disability Insurance Analysts
Chapter 9	Rates and Rating and Other Organizations
Chapter 10	Child Care Insurance Act
Chapter 10.5	Risk Retention
Chapter 12	The Insurance Frauds Prevention Act

Terms Used In California Codes > Insurance Code > Division 1 > Part 2 - THE BUSINESS OF INSURANCE

Account: means either of the two accounts created under Section 1067. See California Insurance Code 1067.04
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
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Actuary: means a person who is a member in good standing of the American Academy of Actuaries, the Casualty Actuarial Society, or the Society of Actuaries, and is qualified to sign a statement of actuarial opinion on loss reserves. See California Insurance Code 769.81
Actuary: means a person who is a member in good standing of the American Academy of Actuaries, the Casualty Actuarial Society, or the Society of Actuaries, and is qualified to sign statements of actuarial opinion on loss reserves. See California Insurance Code 1781.2
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjusted RBC Report: means a Risk-Based Capital (RBC) report that has been adjusted by the commissioner in accordance with subdivision (b) or (c) of Section 739. See California Insurance Code 739
Admitted to transact insurance in this state: means an insurer possessing a valid certificate of authority issued by the department. See California Insurance Code 1063.1
Adoption date: means the date the governing body adopts the plan of conversion. See California Insurance Code 1560.02
Adoption date: means the date the board of directors adopts the plan of conversion. See California Insurance Code 11535.1
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
advisory organization: means every group, association, or other organization of insurers, whether located within or outside of this state, that develops and prepares policy or bond forms, or manuals, for use by admitted insurers, carries on research relative to the development and preparation of policy and bond forms, and acts in an advisory, as distinguished from a ratemaking, capacity. See California Insurance Code 1855.2
advisory organization: shall mean "surplus line advisory organization. See California Insurance Code 1780.51
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer. See California Insurance Code 1063.1
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
AIDS: means acquired immunodeficiency syndrome. See California Insurance Code 799.01
Alcohol: means any form or derivative of ethyl alcohol (ethanol). See California Harbors and Navigation Code 651
Alcohol and drug abuse records: means patient records, or discrete portions thereof, specifically relating to evaluation and treatment of alcoholism or drug abuse. See California Health and Safety Code 123105
Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See California Harbors and Navigation Code 651
Alcoholic beverage: includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in §. See California Vehicle Code 109
alien insurer: means a foreign insurer organized under the laws of any jurisdiction other than a State of the United States. See California Insurance Code 1580
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant or contracting agency: means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. See California Education Code 8205
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Associated equipment: means any of the following, excluding radio equipment:
California Harbors and Navigation Code 651
Association: means a voluntary unincorporated association formed for the purpose of enabling co-operative action to provide disability insurance in accordance with this article in this or any other state having legislation enabling the issuance of insurance of the type provided in this article. See California Insurance Code 795.1
Association: means the California Life and Health Insurance Guarantee Association created pursuant to Section 1067. See California Insurance Code 1067.04
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attendance: means the number of children present at a preschool facility. See California Education Code 8205
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the California Health Facilities Financing Authority established pursuant to §. See California Health and Safety Code 1179.51
Authority: means the California Health Facilities Financing Authority established pursuant to §. See California Health and Safety Code 1179.82
Authority: means the San Francisco Port Authority, as the same is constituted by Part 1 (commencing at Section 1690) of Division 6 of . See California Harbors and Navigation Code 3901
Authority: means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. See California Public Resources Code 10280.5
Authority: means the California Earthquake Authority. See California Insurance Code 10089.5
Authority: means the California Health Facilities Financing Authority established pursuant to §. See California Health and Safety Code 1179.11
Authorized: when used in the context of assessments, means authorized by a resolution of the board of directors. See California Insurance Code 1067.04
Authorized agency: means any of the following officers or agencies, or their duly authorized representatives, when investigating or prosecuting arson in connection with a specific fire: the State Fire Marshal, the Director of the Department of Forestry and Fire Protection, the chief of any city or county fire department, the chief of any fire protection district, the Attorney General, any district attorney, or any peace officer, the Department of Insurance, and any federal agency. See California Insurance Code 1875
Authorized assessment: means an assessment, to be called immediately or in the future from member insurers for a specified amount, that is authorized by a resolution of the board of directors. See California Insurance Code 1067.04
Authorized Control Level RBC: means the number determined under the risk-based capital formula in accordance with the RBC Instructions. See California Insurance Code 739
authorized governmental agency: means the Department of the California Highway Patrol, the Department of Motor Vehicles, the Department of Insurance, the Department of Justice, the police department of a city, or a city and county, the sheriff's office or department of a county, the district attorney of any county, or city and county, those agencies employing officers designated in subdivisions (a) and (b) of Section 830. See California Insurance Code 1873.3
Automobile physical damage coverage: includes all coverage of loss or damage to an automobile insured under the policy except loss or damage resulting from collision or upset. See California Insurance Code 660
Available capital: includes all interest or other income from the investment of money held in the California Earthquake Authority Fund. See California Insurance Code 10089.5
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
bail bond: includes any contract not executed by a surety insurer for or method of release of person arrested or confined on account of any actual or alleged violation of the provisions of any law of this or any other State or of any municipality in the State of California, including any release by means of cash or other property deposited in lieu of bail under the provisions of sections 1295 and 1298 of the Penal Code whereby the attendance in court when required by law and obedience to orders and judgment of any court by the person released is guaranteed. See California Insurance Code 1800.4
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Basic health care services: includes , but is not limited to, the following:
California Health and Safety Code 123180
Basic residential earthquake insurance: means that policy of residential earthquake insurance described in Section 10089 except as follows:
California Insurance Code 10089.5
bathing: means a person floating, swimming, wading, or bodysurfing, with or without the use of a flotation device, including, but not limited to, floating upon or with the aid of a surfboard, paddle board, surfmat, innertube, life preserver, or air mattress, except a flotation device which is designed to be propelled by sail, mechanical means, power, oars, or paddle. See California Harbors and Navigation Code 651.1
Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:
California Probate Code 24
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Benefit plan: means a specific employee, union, or association of natural persons benefit plan. See California Insurance Code 1067.04
Bequest: Property gifted by will.
Bird: means any order of Psittaciformes bird. See California Health and Safety Code 122320
Bird mart: means an event at which two or more persons offer birds for sale or exchange and where a fee is charged for the privilege of offering or displaying the birds. See California Health and Safety Code 122320
Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of . See California Public Resources Code 10332
board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
Board: means the governing board of the authority. See California Insurance Code 10089.5
Board of directors: as used in this article includes the policy-determining body of an insurer whether or not it is called by that name. See California Insurance Code 688.5
Boat: means any vessel that is any of the following:
California Harbors and Navigation Code 651
Bonds: means bonds, notes, commercial paper, variable rate and variable maturity securities, and any other evidence of indebtedness. See California Insurance Code 10089.5
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
Called: when used in the context of assessments, means required by notice to be paid by member insurers. See California Insurance Code 1067.04
Called assessment: means an assessment as to which a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within a timeframe set forth in the notice. See California Insurance Code 1067.04
Cancellation: means termination of coverage by an insurer (other than termination at the request of the insured) during a policy period. See California Insurance Code 660
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
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
Catastrophic health insurance: means a supplementary insurance contract that indemnifies a California resident for medical expenses, including at least the costs of the basic health care services that result from an illness, injury, or disease, and that are greater than fifty thousand dollars ($50,000), subject to a lifetime benefit limit of one million dollars ($1,000,000). See California Health and Safety Code 123180
Certificate: means a certificate of group life insurance or a certificate of group disability income insurance delivered in this state, regardless of the situs of the group master policy. See California Insurance Code 799.01
Certificate: means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of . See California Health and Safety Code 121480
Certificate: as used in this chapter , means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of . See California Health and Safety Code 121525
Certificate of missing status: means the official written report complying with §. See California Probate Code 3700
Certificated employee: means a member, as defined by Section 22146, of the State Teachers' Retirement System. See California Education Code 7004
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Charter boat: means a for-hire vessel operating on navigable water of the state in the coastal zone, as defined in §. See California Harbors and Navigation Code 773.2
Charterer: means a person who receives compensation for contracting with an operator to transport three or more passengers. See California Harbors and Navigation Code 773.2
Chemical test: means a test that analyzes an individual's breath, blood, or urine for evidence of drug or alcohol use. See California Harbors and Navigation Code 651
Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Probate Code 26
Children with exceptional needs: means either of the following:
California Education Code 8205
City: includes city and county. See California Harbors and Navigation Code 15
City: includes every city and city and county within this State. See California Vehicle Code 255
City: includes "city and county. See California Insurance Code 15
City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:
California Probate Code 9000
Claimant: means an insured making a first party claim or a person instituting a liability claim. See California Insurance Code 1063.1
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Coast Guard: means the United States Coast Guard. See California Harbors and Navigation Code 773.2
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commission: means the Harbors and Watercraft Commission, as the same is constituted by Division 1 (commencing with Section 30) of this code, or any successor thereof. See California Harbors and Navigation Code 3901
Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
commission: means the California Transportation Commission. See California Streets and Highways Code 22
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
commissioner: shall mean the Insurance Commissioner of the State of California. See California Insurance Code 1780.51
Commissioner: means the Insurance Commissioner. See California Insurance Code 1067.04
Committee: means the Children's Hospital Bond Act Finance Committee created pursuant to Section 1179. See California Health and Safety Code 1179.51
Committee: means the Children's Hospital Bond Act Finance Committee created pursuant to Section 1179. See California Health and Safety Code 1179.82
Committee: means the Harbor Improvement Bond Committee. See California Harbors and Navigation Code 3901
Committee: means the Children's Hospital Bond Act Finance Committee created pursuant to Section 1179. See California Health and Safety Code 1179.11
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community development infrastructure: means California debt, including all debt issued by the State of California or a California state or local government agency, if all or a portion of the debt has as its primary purpose community development for, or that directly benefits, underserved or low-to-moderate-income communities and is consistent with subdivision (b). See California Insurance Code 926.1
Community development investment: includes , but is not limited to, investments in California in the following:
California Insurance Code 926.1
Community property: means :
California Probate Code 28
Company: means any corporation, partnership, business trust, association, or similar organization, or any other trust, other than a trust that by its terms must terminate within 25 years or not later than 21 years and 10 months after the death of individuals living on the effective date of the trust. See California Insurance Code 760
Company: means any person engaging in, or proposing or attempting to engage in, any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner. See California Insurance Code 729
Company Action Level RBC: means , with respect to any insurer, the product of 2. See California Insurance Code 739
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Consent: means agreement to administrative supervision by the insurer. See California Insurance Code 1077
Conservatee: includes a limited conservatee. See California Probate Code 29
Conservation easement: means a conservation easement, as defined by §. See California Public Resources Code 10332
Conservator: includes a limited conservator. See California Probate Code 30
Construction: includes :
California Streets and Highways Code 29
Consumer: means an individual who purchases, applies to purchase, or is solicited to purchase from a covered person insurance products or annuities primarily for personal, family, or household purposes. See California Insurance Code 760
contingent compensation arrangement: means an arrangement having as its purpose the payment of a variable commission by the insurer, depending on the overall operating profit on the insurance business produced and handled by the payee, with other provisions of the arrangement auxiliary or incidental to such purpose. See California Insurance Code 995
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contractual obligation: means any obligation under a policy or contract, or certificate under a group policy or contract, or portion thereof, for which coverage is provided under Section 1067. See California Insurance Code 1067.04
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
Control: 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 1063.1
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
Controlled substance: means controlled substance as defined in §. See California Harbors and Navigation Code 651
Controller: means the State Controller. See California Revenue and Taxation Code 21
Controlling person: means any person, firm, association, or corporation who directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See California Insurance Code 1781.2
Controlling producer: means a producer who, directly or indirectly, controls an insurer. See California Insurance Code 1216.1
Converted company: means the converted insurer or converted mutual holding company, as the case may be. See California Insurance Code 11535.1
Converted insurer: means the incorporated stock insurer into which a domestic reciprocal insurer has been converted in accordance with the provisions of this article. See California Insurance Code 1560.02
Converted insurer: means the incorporated stock insurer into which a mutual insurer has been converted or merged or redomiciled in accordance with the provisions of this chapter. See California Insurance Code 11535.1
Converted mutual holding company: means the stock corporation into which a mutual holding company has been converted in accordance with this chapter. See California Insurance Code 11535.1
Converting insurer: means , for a plan of conversion under this article, the domestic reciprocal insurer that is converting under the plan. See California Insurance Code 1560.02
Converting mutual life company: means , for a plan of conversion under this chapter, the mutual life insurer or mutual holding company that is converting under such a plan. See California Insurance Code 11535.1
Conviction: A judgement of guilt against a criminal defendant.
Corrective Order: means an order issued by the commissioner specifying corrective actions that the commissioner has determined are required. See California Insurance Code 739
Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
County: includes city and county. See California Harbors and Navigation Code 14
County: includes every county and city and county within this State. See California Vehicle Code 270
County: includes "city and county. See California Insurance Code 14
County: includes "city and county. See California Code of Civil Procedure 17
County: includes "city and county. See California Public Resources Code 14
County: includes city and county. See California Public Utilities Code 18
County: includes city and county. See California Revenue and Taxation Code 15
County: includes "city and county. See California Streets and Highways Code 14
County: includes city and county. See California Unemployment Insurance Code 14
county highway: means any highway which is:
California Streets and Highways Code 25
Covered claims: means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements:
California Insurance Code 1063.1
Covered person: means either of the following:
California Insurance Code 760
Covered policy: means a policy or contract or portion of a policy or contract for which coverage is provided under Section 1067. See California Insurance Code 1067.04
Covered vessel: as used in this article , means any of the following:
California Harbors and Navigation Code 445.5
Credit disability insurance: means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled, as defined in the policy, exclusive of any insurance procured at no expense to the debtor. See California Insurance Code 1758.992
Credit insurance: includes credit life insurance, credit disability insurance, credit involuntary unemployment insurance, credit loss-of-income insurance, credit property insurance, or guaranteed asset protection (GAP) insurance. See California Insurance Code 1758.992
Credit insurance agent license: means an agent license issued to an individual or organization for the enrollment and sale of credit insurance. See California Insurance Code 1758.992
Credit life insurance: means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction, exclusive of any insurance procured at no expense to the debtor. See California Insurance Code 1758.992
credit loss-of-income insurance: means insurance issued to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed, as defined in the policy. See California Insurance Code 1758.992
Credit property insurance: means insurance that provides coverage (1) on personal property pledged or offered as collateral for securing a personal or consumer loan, or (2) on personal property purchased under an installment sales agreement or through a consumer credit transaction, but does not include any insurance that provides theft, collision, liability, property damage, or comprehensive insurance coverage in any automobile or any other self-propelled vehicle that is designed primarily for operation in the air or on the highways, waterways, or sea, and its operating equipment, or that is necessitated by reason of the liability imposed by law for damages arising out of the ownership, operation, maintenance, or use of those vehicles. See California Insurance Code 1758.992
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Creditor: means a person who may have a claim against estate property. See California Probate Code 9000
Creditor: means a lender of money or a vendor or lessor of goods, services, property, rights, or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of that lender, vendor, or lessor, and any affiliate, associate, subsidiary, subcontractor, director, officer, or employee of any of them or any other person in any way associated with any of them. See California Insurance Code 1758.992
Customer: means any person who requests a repairperson to do work on a vessel which is in the possession of that person. See California Harbors and Navigation Code 410
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Department of Conservation. See California Public Resources Code 10280.5
department: means the Department of Transportation. See California Public Resources Code 33910
department: means the Employment Development Department. See California Unemployment Insurance Code 17000
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means State Department of Health Services. See California Health and Safety Code 121480
Department: means the Department of Health Care Access and Information. See California Health and Safety Code 128700
department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
Department: means the Department of Motor Vehicles or any successor agency thereto which registers vehicles. See California Harbors and Navigation Code 501
Department: means the Department of Boating and Waterways. See California Harbors and Navigation Code 651
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Depository institution: means any of the following:
California Insurance Code 760
Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. See California Probate Code 32
Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
Director: means "State Director of Health Services. See California Health and Safety Code 21
Director: means the director of the department. See California Streets and Highways Code 21
Director: means the Director of Boating and Waterways. See California Harbors and Navigation Code 651
Disability income insurance: means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. See California Insurance Code 799.01
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Diverse investment managers: means investment management organizations, including corporations, groups, and persons within corporations, partnerships, limited liability corporations, and other special purpose vehicles that are either located in, or actively make and hold investments in, California and whose investment managers are composed of at least 51 percent women, veterans, minorities, or lesbian, gay, bisexual, transgender, or queer persons, or a combination of persons in those groups. See California Insurance Code 926.1
Docket: A log containing brief entries of court proceedings.
Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
Domestic insurer: means any life or health insurer or property and casualty insurer organized in this state. See California Insurance Code 739
Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
Donor: The person who makes a gift.
driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
Drug: means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree the person's ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of their faculties, using reasonable care, would operate a similar vessel under like conditions. See California Harbors and Navigation Code 651
Early childhood programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. See California Education Code 8205
Effective date: means the date upon which the conversion of a domestic reciprocal insurer is effective, as specified in the amended articles of incorporation of the reciprocal holding company filed with the Secretary of State, as a result of conversion proceedings under this article. See California Insurance Code 1560.02
Effective date: means , for the conversion of a mutual life insurer, the date upon which the conversion of the mutual life insurer is effective, as specified in the commissioner's amendment to the mutual life insurer's certificate of authority issued in accordance with Section 11542, as a result of conversion proceedings under this chapter. See California Insurance Code 11535.1
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic funds transfer: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. See California Insurance Code 45
Electronic media: includes any means for transmitting messages electronically between a covered person and a consumer in a format that allows visual text to be displayed on equipment such as a personal computer monitor. See California Insurance Code 760
Eligible members: means , for the conversion of a mutual life insurer, the members of the mutual life insurer who are of record on the mutual life insurer's adoption date. See California Insurance Code 11535.1
Eligible spouse: means the spouse of an absentee who has not commenced an action or proceeding for judicial or legal separation, annulment, adjudication of nullity, or dissolution of the marriage of the spouse and the absentee. See California Probate Code 3700
Eligible subscribers: means the subscribers of the domestic reciprocal insurer who are of record, fully paid-up, and otherwise in good standing on the domestic reciprocal insurer's adoption date and on its effective date, but shall not include those persons covered solely under a reporting endorsement to a claims-made policy on either date. See California Insurance Code 1560.02
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency department: means , in a hospital licensed to provide emergency medical services, the location in which those services are provided. See California Health and Safety Code 128700
Employee welfare benefit plan: as used in this article , has the same meaning as that contained in Section 1002(1) of Title 29 of the United States Code. See California Insurance Code 742.21
Encounter: means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. See California Health and Safety Code 128700
Endorsee: means an unlicensed employee or authorized representative of a portable electronics vendor. See California Insurance Code 1758.69
Endorsee: means an unlicensed employee of a car rental agent who meets the requirements of this article. See California Insurance Code 1758.89
endorsement: as used in this chapter means any amendment, change, limitation, alteration or restriction of the printed text of a policy by a rider upon a separate piece of paper made a part of such policy. See California Insurance Code 10274
Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
Enrichment: means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet's well-being. See California Health and Safety Code 122380
Enrollment: means the process of soliciting or accepting enrollments or applications from a consumer under a portable electronics insurance policy, which includes informing the consumer of the availability of coverage, preparing and delivery of the certificate of insurance or notice of proposed insurance, or otherwise assisting the consumer in making an informed decision whether or not to elect to purchase portable electronics insurance. See California Insurance Code 1758.69
Enrollment: means the process of soliciting or accepting enrollments or applications from a debtor under a credit insurance policy, which includes informing the debtor of the availability of coverage, calculating the insurance charge, preparing and delivering the certificate of insurance or notice of proposed insurance, answering questions regarding the coverage, or otherwise assisting the debtor in making an informed decision whether or not to elect to purchase credit insurance. See California Insurance Code 1758.992
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
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Examiner: means any individual or firm authorized by the commissioner to conduct an examination under this article. See California Insurance Code 729
Exceeded its powers: means any of the following conditions:
California Insurance Code 1077
Executor: A male person named in a will to carry out the decedent
Expiration: means termination of coverage by reason of the policy having reached the end of the term for which it was issued or the end of the period for which a premium has been paid. See California Insurance Code 660
Extended health insurance: means hospital, surgical and medical expense insurance provided by a policy issued as provided by this article. See California Insurance Code 795.1
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
Family of an absentee: means an eligible spouse, if any, or if no eligible spouse, the child or children of an absentee, equally, or if no child or children, the parent or parents of an absentee, equally, provided these persons are dependents of the absentee as defined in Section 401 of Title 37 of the United States Code, and the guardian of the estate or conservator of the estate of any person bearing such relationship to the absentee. See California Probate Code 3700
Federal association: has the meaning given that term in subdivision (b) of §. See California Probate Code 23
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}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
Financial and compliance audit: means a systematic review or appraisal to determine each of the following:
California Education Code 8335
Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
for-hire vessel: includes any vessel propelled by machinery carrying more than three passengers for hire, except the following:
California Harbors and Navigation Code 760
For-hire vessel: means a for-hire vessel as defined in §. See California Harbors and Navigation Code 773.2
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
Foreign insurer: means any life or health insurer or property and casualty insurer that is licensed to do business in this state but is not domiciled in this state. See California Insurance Code 739
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
formal notice: means the notice of election which is required to be published and posted in public places, and "card notice" means the notice of election which is required to be mailed to the registered voters of the area in which the election is to be held. See California Education Code 5360
Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
Fraud: Intentional deception resulting in injury to another.
Freestanding ambulatory surgery clinic: means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. See California Health and Safety Code 128700
Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Streets and Highways Code 23.5
full-time: means preschool services certified for a child for 25 or more hours per week. See California Education Code 8205
Fund: means the Children's Hospital Bond Act Fund created pursuant to Section 1179. See California Health and Safety Code 1179.51
Fund: means the Children's Hospital Bond Act Fund created pursuant to Section 1179. See California Health and Safety Code 1179.82
Fund: means the Children's Hospital Fund created pursuant to Section 1179. See California Health and Safety Code 1179.11
Funded enrollment: means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor. See California Education Code 8205
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Government Auditing Standards" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Education Code 8335
Geography: means a census tract delineated by the United States Bureau of the Census in the most recent decennial census. See California Insurance Code 926.1
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Goods: includes wares or merchandise. See California Harbors and Navigation Code 24
Governing authority: means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. See California Health and Safety Code 121480
Governing body: means the body exercising subscribers' rights selected pursuant to Section 1308 for the domestic reciprocal insurer. See California Insurance Code 1560.02
governing body: means :
California Code of Civil Procedure 1245.210
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grant: means the distribution of money in the fund by the authority to children's hospitals for projects pursuant to this part. See California Health and Safety Code 1179.51
Grant: means the distribution of money in the fund by the authority to children's hospitals for projects pursuant to this part or to an eligible hospital pursuant to this part. See California Health and Safety Code 1179.82
Grant: means the distribution of money in the fund by the authority to children's hospitals for projects pursuant to this part. See California Health and Safety Code 1179.11
Grant program: means the program established pursuant to Section 10280. See California Public Resources Code 10280.5
Grantor: The person who establishes a trust and places property into it.
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
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
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.
Hand-feeding: means the process by which a bird is manually fed by a human through the use of hand, spoon, or oral gavage. See California Health and Safety Code 122320
Harbor: as used in this article , includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are excluded from the application of this chapter by the provisions of Section 4049 of this code. See California Harbors and Navigation Code 4130
Health care provider: means any of the following:
California Health and Safety Code 123105
health facilities: means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. See California Health and Safety Code 128700
Health services: include , but are not limited to, all of the following:
California Education Code 8205
Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
HIV test: means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. See California Insurance Code 799.01
Hospital: means all health facilities except skilled nursing, intermediate care, congregate living, and hospice health facilities. See California Health and Safety Code 128700
human immunodeficiency virus: means the etiologic virus of AIDS. See California Insurance Code 799.01
Impaired insurer: means a member insurer which, after the effective date of this article, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See California Insurance Code 1067.04
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
indemnity: as used in this chapter means benefits promised. See California Insurance Code 10272
Independent auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Education Code 8335
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
inland parks and recreation areas: as used in this chapter , includes, but is not limited to, open-space land, as defined by subdivision (h) of §. See California Harbors and Navigation Code 5950.1
insolvency: means either of the following:
California Insurance Code 985
Insolvent insurer: means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly enacted legislative measure. See California Insurance Code 1063.1
Insolvent insurer: means a member insurer that, after October 1, 1990, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See California Insurance Code 1067.04
Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Insurance Code 31
insurance agent: as used in this chapter does not include a life agent as defined in this article. See California Insurance Code 1621
Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
insurance holding company system: consists of two or more affiliated persons, one or more of which is an insurer. See California Insurance Code 1215
Insurance solicitor: means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance other than life, disability, or health. See California Insurance Code 34
insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See California Insurance Code 10325
Insurer: means any person, firm, association, or corporation duly licensed as an insurer and operating under a certificate of authority in this state. See California Insurance Code 769.81
insurer: includes any person or organization to which Article 4 (commencing with Section 730), Chapter 1, Part 2, Division 1 is applicable. See California Insurance Code 777.3
Insurer: means any insurance company which is authorized to transact disability insurance in this State. See California Insurance Code 795.1
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
Insurer: as used in this chapter includes a disability insurer that covers hospital, medical, or surgical expenses, and a nonprofit hospital service plan. See California Health and Safety Code 123180
Insurer: as used in this article includes insurance corporations and insurer organizations of every type and reciprocal or interinsurance exchanges and the incorporated attorney in fact of a reciprocal or interinsurance exchange, which corporate attorney in fact is either organized under the laws of or has its home office and principal place of business in this State. See California Insurance Code 688.5
Insurer: includes the California FAIR Plan. See California Insurance Code 1875
Insurer: means an admitted insurer as defined in Section 24, including the State Compensation Insurance Fund, or a domestic fraternal benefit society as defined in Section 10990. See California Insurance Code 926.1
Insurer: means any person, firm, association, or corporation admitted by the commissioner as an insurer in this state. See California Insurance Code 1781.2
Insurer: means and includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of life or disability insurance or of annuities. See California Insurance Code 1077
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}
interested person: includes any of the following:
California Probate Code 48
Intergenerational staff: means persons of various generations. See California Education Code 8205
Internationally active insurance group: means an insurance holding company system that includes an insurer registered pursuant to Section 1215. See California Insurance Code 1215
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Investment: means a lawful equity or debt investment, or loan, or deposit obligation, or other investment or investment transaction allowed by the Insurance Code. See California Insurance Code 926.1
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
isomer: includes optical and geometrical (diastereomeric) isomers. See California Health and Safety Code 11033
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.
Joint powers authority: means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of . See California Public Resources Code 10280.5
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Kiting: Writing a check in an amount that will overdraw the account but making up the deficiency by depositing another check on another bank. For example, mailing a check for the mortgage when your checking account has insufficient funds to cover the check, but counting on receiving and depositing your paycheck before the mortgage company presents the check for payment. ^{Source: OCC}
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
legislative body: means both of the following:
California Code of Civil Procedure 1245.310
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
liability: includes liability for losses reported, expenses, taxes, and all other indebtedness not included in those categories. See California Insurance Code 980
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
License period: means all of that two-year period beginning as described in subparagraph (A) or (B) of paragraph (2), as applicable, and ending the second succeeding year on the last calendar day of the month in which the initial license was issued. See California Insurance Code 1758.69
License period: means all of that two-year period beginning as described in subparagraph (A) or (B) of paragraph (2), as applicable, and ending the second succeeding year on the last calendar day of the month in which the initial license was issued. See California Insurance Code 1758.89
License term: as used in this chapter means all of that two-year period beginning as described in subdivision (a) or (b) of Section 1629, as applicable, and ending the second succeeding year on the last calendar day of the month in which the initial license was issued. See California Insurance Code 1630
License term: as used in this chapter means all of that two-year period beginning as described in subdivision (a) or (b) of Section 1807. See California Insurance Code 1807.8
License year: as used in this chapter shall be determined for each individual and entity as follows:
California Insurance Code 1807.9
Licensed producer: means a licensed insurance agent, broker, or reinsurance intermediary. See California Insurance Code 1781.2
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.
lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 1265.210
Life and disability insurance analyst: means a person who, for a fee or compensation of any kind, paid by or derived from any person or source other than an insurer, advises, purports to advise, or offers to advise any person insured under, named as beneficiary of, or having any interest in, a life or disability insurance contract, in any manner concerning that contract or his or her rights in respect thereto. See California Insurance Code 32.5
Life insurance: means the class of coverage described in Section 101, but, as used in this article, excludes annuities. See California Insurance Code 799.01
Life or disability income insurer: means an insurer licensed to transact life insurance or disability insurance in this state that is transacting life insurance or disability income insurance in this state, or a fraternal benefit society licensed in this state that is transacting life insurance or disability income insurance in this state. See California Insurance Code 799.01
Life or health insurer: means any admitted insurer issuing insurance subject to Part 2 (commencing with Section 10110) of Division 2, or a licensed property and casualty insurer writing only disability insurance. See California Insurance Code 739
Life preserver: means a life preserver approved and certified by the Coast Guard and capable of providing at least 90 percent of factory-rated flotation capacity. See California Harbors and Navigation Code 773.2
Limited lines travel insurance agent: means an insurer designee that is licensed to transact travel insurance, as defined in subdivision (b). See California Insurance Code 1753
Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
Local government entity: means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. See California Public Resources Code 10280.5
Local public agency: means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. See California Public Resources Code 10332
Mail: means first-class mail, postage prepaid, unless registered mail is specified. See California Harbors and Navigation Code 501
maintenance: includes any of the following:
California Streets and Highways Code 27
Mandatory Control Level RBC: means the product of . See California Insurance Code 739
Manufacturer: means any person engaged in any of the following:
California Harbors and Navigation Code 651
Member: means a person who, by the records of the mutual company and by its articles of incorporation or bylaws, is deemed to be a holder of a membership interest in the mutual company. See California Insurance Code 11535.1
Member insurer: means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government. See California Insurance Code 1063.1
Member insurer: means any insurer licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 1067. See California Insurance Code 1067.04
Membership interests: means the interests of members arising under this code and the articles of incorporation and bylaws of the mutual company or otherwise by law. See California Insurance Code 11535.1
Mental health records: includes , but is not limited to, all alcohol and drug abuse records. See California Health and Safety Code 123105
Moderate-income: means an individual income that is at least 50 percent but less than 80 percent of the AMI, or a median family income that is at least 50 percent but less than 80 percent of the AMI in the case of a geographical area. See California Insurance Code 926.1
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
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
Motorboat: means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. See California Harbors and Navigation Code 651
MSA: means a metropolitan statistical area as defined by the Director of the Office of Management and Budget. See California Insurance Code 926.1
Multiple employer welfare arrangement: as used in this article has the same meaning as that contained in Section 1002(40)(A) of Title 29 of the United States Code. See California Insurance Code 742.21
Mutual capital certificate: has the meaning given that term in §. See California Probate Code 23
Mutual company: means , in the case of a plan of conversion, the mutual life insurer, mutual property-casualty insurer, or mutual holding company that is converting pursuant to such plan. See California Insurance Code 11535.1
Mutual holding company: means a corporation organized under the laws of this state subject to the General Corporation Law as set forth in the Corporations Code. See California Insurance Code 11535.1
Mutual insurer: means , in the case of a plan of conversion under this chapter, the mutual life insurer or mutual property-casualty insurer that is converting pursuant to such plan. See California Insurance Code 11535.1
Mutual life insurer: means a domestic incorporated mutual life insurer, or domestic mutual life and disability insurer, that issues nonassessable policies on a reserve basis. See California Insurance Code 11535.1
NAIC: means the National Association of Insurance Commissioners. See California Insurance Code 1215
NAIC: means the National Association of Insurance Commissioners. See California Insurance Code 739
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
narcotic and drug abuse program: means any program that provides any service of care, treatment, rehabilitation, counseling, vocational training, self-improvement classes or courses, narcotic replacement therapy in maintenance or detoxification treatment, or other medication services for detoxification and treatment, and any other services that are provided either public or private, whether free of charge or for compensation, which services are intended in any way to alleviate the problems of narcotic addiction or habituation or drug abuse addiction or habituation or any problems in whole or in part related to the problem of narcotics addiction or drug abuse, or any combination of these problems. See California Health and Safety Code 11842
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Necessary property: means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain. See California Code of Civil Procedure 1240.310
Negative trend: means , with respect to a life or health insurer, a negative trend over a period of time, as determined in accordance with the "Trend Test Calculation" included in the RBC Instructions defined in subdivision (i). See California Insurance Code 739
Net direct written premiums: means the amount of direct written premiums in the annual financial statement on file with the commissioner, adjusted for any premiums written for any lines of insurance or types of coverages not covered by this article, plus premiums written in this state for coverage under a special excess workers' compensation policy. See California Insurance Code 1063.1
newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonmetropolitan area: means any area that is not located in an MSA. See California Insurance Code 926.1
Nonparticipating insurer: means an insurer that elects not to transfer or place any residential earthquake policies in the authority. See California Insurance Code 10089.5
Nonpayment of premium: means failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See California Insurance Code 660
Nonprofit organization: means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. See California Public Resources Code 10280.5
Nonprofit organization: means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of . See California Public Resources Code 10332
Nonrenewal: means a notice by the insurer to the named insured that the insurer is unwilling to renew a policy. See California Insurance Code 660
nonresident personal representative: means a nonresident of this state appointed as personal representative, or a resident of this state appointed as personal representative who later removes from and resides without this state. See California Probate Code 8570
Nutrition education: means a planned sequential instructional program that provides knowledge and teaches skills to help pupils adopt and maintain lifelong, healthy eating patterns. See California Education Code 8996
Oath: includes affirmation. See California Insurance Code 17
Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
Oath: A promise to tell the truth.
Office: means the premises of a depository institution where retail deposits are accepted from the public. See California Insurance Code 760
operator: means a person who owns or operates, or both, a pet boarding facility. See California Health and Safety Code 122380
Operator: means a person owning, controlling, operating, or managing a for-hire vessel. See California Harbors and Navigation Code 773.2
Operator: means the person aboard a vessel who meets any of the following:
California Harbors and Navigation Code 651
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
organization: means any legal entity other than a natural person. See California Insurance Code 1628
Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
Owner: is a person having all the incidents of ownership, including the legal title, of a vessel whether or not that person lends, rents, or pledges the vessel. See California Harbors and Navigation Code 651
Panel: means the advisory panel of the authority. See California Insurance Code 10089.5
Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
Partially self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets, provided, however, that these benefits are reimbursable to the multiple employer welfare arrangement by stop loss insurance only to the extent that the benefits exceed fifty thousand dollars ($50,000) per claim. See California Insurance Code 742.215
Participating insurer: means an insurer that has elected to join the authority. See California Insurance Code 10089.5
partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
Passenger: means every person carried on board a vessel other than any of the following:
California Harbors and Navigation Code 651
Patient: means a patient or former patient of a health care provider. See California Health and Safety Code 123105
Patient records: includes only records pertaining to the patient requesting the records or whose representative requests the records. See California Health and Safety Code 123105
Permanent or fixed enclosure: means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet's waste products. See California Health and Safety Code 122380
Person: means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof. See California Harbors and Navigation Code 651
Person: means any individual, firm, partnership, for-profit corporation, nonprofit corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar entity or representative. See California Harbors and Navigation Code 773.2
Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
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 an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, trust, government or governmental agency, state or political subdivision of a state, public or private corporation, board, association, estate, trustee, or fiduciary, or any similar entity. See California Insurance Code 1560.02
Person: means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. See California Health and Safety Code 122380
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 a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
Person: means an individual, partnership, firm, association, corporation, joint-stock company, limited liability company, trust, government or governmental agency, state or political subdivision of a state, public or private corporation, board, association, estate, trustee, or fiduciary, or any similar entity. See California Insurance Code 11535.1
Person: means an individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See California Insurance Code 1067.04
Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
Person: means any person, association, organization, business trust, partnership, limited liability company, or corporation, or any affiliate thereof. See California Insurance Code 729
Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
Personal watercraft: means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. See California Harbors and Navigation Code 651
Pet: means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. See California Health and Safety Code 122380
Pet boarding facility: means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. See California Health and Safety Code 122380
Pet shop: means a retail pet shop location primarily engaged in retailing pets, pet foods, and pet supplies, as defined by the North American Industry Classification System. See California Health and Safety Code 122320
plan: means a plan adopted by a domestic reciprocal insurer in compliance with this article. See California Insurance Code 1560.02
plan: means a plan adopted by a mutual company in compliance with this chapter. See California Insurance Code 11535.1
Plan sponsor: means any of the following:
California Insurance Code 1067.04
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Policy: means an individual life insurance policy or individual disability income insurance policy issued or delivered in this state, or a certificate of life insurance benefits or disability income insurance benefits issued or delivered in this state by a fraternal benefit society. See California Insurance Code 799.01
Policy: means an individual or group policy of insurance issued by a domestic reciprocal insurer. See California Insurance Code 1560.02
Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, insuring a single individual or individuals residing in the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
California Insurance Code 660
Policy: means an individual or group policy of insurance issued by a life insurer. See California Insurance Code 11535.1
policy fee: means any sum specified in the policy as paid, or payable, in addition to the specified premium, as a consideration for the policy. See California Insurance Code 995
policy of accident and sickness insurance: as used in this chapter includes any policy or contract covering the kind or kinds of insurance described in Section 106. See California Insurance Code 10275
policy of residential property insurance: means a policy insuring individually owned residential structures of not more than four dwelling units, individually owned condominium units, or individually owned mobilehomes, and their contents, located in this state and used exclusively for residential purposes or a tenant's policy insuring personal contents of a residential unit located in this state. See California Insurance Code 10087
Policy of residential property insurance: means those policies described in Section 10087. See California Insurance Code 10089.5
Policyholder: means the holder of a policy other than a reinsurance contract or a person covered solely under a reporting endorsement to a claims-made policy. See California Insurance Code 1560.02
Policyholder: means the holder of a policy other than a reinsurance contract. See California Insurance Code 11535.1
policyholders: as used in this chapter shall be deemed to mean the person or persons insured under an individual policy of life insurance, or of disability insurance, or of any combination of life and disability insurance. See California Insurance Code 11526
Portable electronics: means all of the following:
California Insurance Code 1758.69
Portable electronics insurance: means a contract providing coverage for the repair or replacement of portable electronics against any one or more of the following causes of loss: loss, theft, mechanical failure, malfunction, damage, or other applicable perils. See California Insurance Code 1758.69
Portable electronics insurance agent license: means an agent license issued to an individual or organization for the enrollment and sale of portable electronics insurance. See California Insurance Code 1758.69
Portable electronics vendor: means any person in the business, directly or indirectly, of selling, reselling, soliciting, or leasing portable electronics, their accessories, and related services to customers. See California Insurance Code 1758.69
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Predeceased spouse: means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:
California Probate Code 59
premium finance agreement: means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment, as security therefor, of the unearned premiums, accrued dividends, or loss payments. See California Insurance Code 778.1
premium financing: means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance contracts only, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Insurance Code 778
Premiums: means amounts or considerations, by whatever name called, received on covered policies or contracts less returned premiums, considerations, and deposits and less dividends and experience credits. See California Insurance Code 1067.04
Preschool facility: means a residence or building or part thereof in which preschool services are provided. See California Education Code 8205
Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
Primary Care Services Act: means Chapter 1 (commencing with Section 124400), Chapter 2 (commencing with Section 124475), Chapter 3 (commencing with Section 124550), Chapter 4 (commencing with Section 124575), Chapter 5 (commencing with Section 124600), Chapter 6 (commencing with Section 124800), and Article 1 (commencing with Section 124875) of Chapter 7 of, Part 4 of Division 106. See California Health and Safety Code 27
Private capital market: means one or more purchasers of bonds of the authority pursuant to a capital market contract. See California Insurance Code 10089.5
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
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
Program: means the Children's Hospital Program established pursuant to this part. See California Health and Safety Code 1179.11
Program: means the Children's Hospital Program established pursuant to this part. See California Health and Safety Code 1179.51
Program: means the Children's Hospital Program established pursuant to this part. See California Health and Safety Code 1179.82
program: means a business entity with a physical location in the State of California that provides one or more of the following services to clients:
California Health and Safety Code 11832.2
program: means any firm, partnership, association, corporation, local governmental entity, agency, or place that has been initially recommended by the county board of supervisors, subject to any limitation imposed pursuant to subdivisions (c) and (d), and that is subsequently licensed by the department to provide alcohol or drug recovery services in that county to any of the following:
California Health and Safety Code 11836
Program director: means a person who, pursuant to Section 8298, is qualified to serve as a program director. See California Education Code 8205
Project: means constructing, expanding, remodeling, renovating, furnishing, equipping, financing, or refinancing of a children's hospital to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Health and Safety Code 1179.11
Project: means constructing, expanding, remodeling, renovating, furnishing, equipping, financing, or refinancing of a children's hospital to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Health and Safety Code 1179.51
Project: means constructing, expanding, remodeling, renovating, furnishing, equipping, financing, or refinancing of a children's hospital to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Health and Safety Code 1179.82
Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. See California Public Resources Code 10332
Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
Property: includes both personal and real property. See California Code of Civil Procedure 17
Property and casualty insurer: means any admitted insurer writing insurance as described in Section 102, 103, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118, 119. See California Insurance Code 739
Property broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
Proprietary agency: means an organization or facility providing preschool, which is operated for profit. See California Education Code 8205
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
psychiatric advance directive: means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions and in accordance with the requirements for an advance health care directive in this division, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis. See California Probate Code 4679
Public accountants: means certified public accountants, or state licensed public accountants. See California Education Code 8335
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Qualified property: means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing. See California Public Resources Code 10332
Qualifying residential property: includes all those residential dwellings set forth in Section 10087. See California Insurance Code 10089.5
Quarantine: as used in this chapter , means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock, of all animals specified in the order of the department. See California Health and Safety Code 121580
quasi-public entity: means :
California Code of Civil Procedure 1245.320
Quorum: The number of legislators that must be present to do business.
Rabies: as used in this chapter , includes rabies, and any other animal disease dangerous to human beings that may be declared by the department as coming under this chapter. See California Health and Safety Code 121575
RBC Instructions: means the RBC Report, including risk-based capital instructions adopted by the NAIC, and as the RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. See California Insurance Code 739
RBC Plan: means a comprehensive financial plan containing the elements specified in subdivision (b) of Section 739. See California Insurance Code 739
RBC Report: means the report required in Section 739. See California Insurance Code 739
readjusted amount of any other tax resulting from supplemental unsecured property tax levies: shall mean the difference in any other tax levy between the amount that would have been levied had Article XIII?A applied to the 1978-79 unsecured property tax roll and the amount levied using the 1977-78 secured roll property tax rate. See California Revenue and Taxation Code 37
Real property: includes a leasehold interest in real property. See California Probate Code 68
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See California Insurance Code 1067.04
Reciprocal holding company: means a corporation organized under the laws of this state subject to the General Corporation Law as set forth in the Corporations Code. See California Insurance Code 1560.02
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Recreational vessel: means a vessel that is being used only for pleasure. See California Harbors and Navigation Code 651
Regulatory Action Level RBC: means the product of 1. See California Insurance Code 739
Reinsurance intermediary: means a reinsurance intermediary-broker or a reinsurance intermediary-manager. See California Insurance Code 1781.2
Reinsurance intermediary-broker: means any person, other than an officer or employee of the ceding insurer, firm, association, or corporation that solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of that insurer. See California Insurance Code 1781.2
Reinsurance intermediary-manager: means any person, firm, association, or corporation that has authority to bind, or manages all or part of the assumed reinsurance business of, a reinsurer (including the management of a separate division, department, or underwriting office) and acts as an agent for the reinsurer whether known as a reinsurance intermediary-manager, manager, or other similar term. See California Insurance Code 1781.2
Reinsurer: means any person, firm, association, or corporation admitted in this state as an insurer with the authority to assume reinsurance. See California Insurance Code 1781.2
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
remittance processing and cashiering: means receiving, batching, balancing, and depositing remittances. See California Revenue and Taxation Code 38
Rental agreement: means any written agreement for the terms and conditions governing the use of a storage space provided by a self-service storage company. See California Insurance Code 1758.791
Rental agreement: means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental car company. See California Insurance Code 1758.89
Rental car company: means any person in the business of renting vehicles to the public. See California Insurance Code 1758.89
Renter: means any person who obtains the use of storage space from a self-service storage company under the terms of a rental agreement. See California Insurance Code 1758.791
Renter: means any person who obtains the use of a vehicle from a rental car company under the terms of a rental agreement. See California Insurance Code 1758.89
Repairperson: means any person engaged in the business of repairing vessels. See California Harbors and Navigation Code 410
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
representative: means any of the following:
California Health and Safety Code 123105
Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights: means a list of the rights of a research participant providing human oocytes for the purposes of medical research. See California Health and Safety Code 125331
Reservation-based: means an area of land managed by a Native American tribe under the jurisdiction of the federal Bureau of Indian Affairs, provided that the tribe is named on the most current list of "Indian Entities Recognized and Eligible to Receive Services From the Bureau of Indian Affairs" or successor document, as published in the Federal Register by the Bureau of Indian Affairs. See California Insurance Code 926.1
Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
Resident: means any individual who lives in California for at least 90 consecutive days. See California Health and Safety Code 123180
Resident: means a person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer. See California Insurance Code 1067.04
Residential earthquake insurance market share: means an individual insurer's total direct premium received for (1) residential earthquake policies and endorsements written or renewed by the insurer in California and (2) residential earthquake policies written or renewed by the authority for which the insurer has written or renewed an underlying policy of residential property insurance, divided by the total gross premiums received by all admitted insurers and the authority for their basic residential earthquake insurance in California. See California Insurance Code 10089.5
Residential property insurance market share: means an individual insurer's total gross premiums received for residential property insurance policies written or renewed by the insurer, divided by the total gross premiums received by all admitted insurers for residential property insurance in California. See California Insurance Code 10089.5
Residents: means any person defined in Section 19 who is resident within the meaning of Section 30. See California Insurance Code 1620.2
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
retrospective commission arrangement: means an arrangement having as its purpose the retention by the insurer of a fixed proportion of the gross premiums, or gross premiums plus policy fees with the balance of the premiums, or premiums plus policy fees, retained by the producer of the business, who assumes to pay therefrom all losses, all subordinate commissions, loss adjustment expenses and his profit, if any, with other provisions of the arrangement auxiliary or incidental to such purpose. See California Insurance Code 995
Revenue: means all income and receipts of the authority, including, but not limited to, income and receipts derived from premiums, bond purchase agreements, capital contributions by insurers, assessments levied on insurers, surcharges applied to authority earthquake policyholders, and all interest or other income from investment of money in any fund or account of the authority established for the payment of principal or interest, or premiums on bonds, including reserve funds. See California Insurance Code 10089.5
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Rights in surplus: includes rights of subscribers to a distribution of surplus in liquidation or conservation of the insurer under this code, or in a dissolution or winding up. See California Insurance Code 1560.02
Rights in surplus: includes rights of members of the insurer to a distribution of surplus in liquidation or conservation of the insurer under this code, or in a dissolution or winding up. See California Insurance Code 11535.1
Risk-adjusted outcomes: means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors. See California Health and Safety Code 128700
San Francisco Harbor Improvement Fund: means the fund now existing in the State Treasury and created by Section 1706. See California Harbors and Navigation Code 3901
Savings account: has the meaning given that term in §. See California Probate Code 23
Savings association: has the meaning given that term in subdivision (a) of §. See California Probate Code 23
School district: means that district from which the member of the State Teachers' Retirement System last made contributions to the system before retirement. See California Education Code 7004
Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
self-funded: means a multiple employer welfare arrangement that undertook at all times and for a continuous period of five years to reimburse health benefit costs incurred by covered persons pursuant to the benefits and coverages provided by their plan exclusively from plan assets. See California Insurance Code 742.215
Self-service storage agent: means a person or organization licensed pursuant to this article to offer insurance in connection with, and incidental to, rental agreements on behalf of an insurer authorized to write the types of insurance specified in Section 1758. See California Insurance Code 1758.791
Self-service storage facility: means a person or organization engaged in the business of providing leased or rented storage space to the public. See California Insurance Code 1758.791
Service of process: The service of writs or summonses to the appropriate party.
Services: means the making of repairs or performing labor upon or to, and the furnishing of supplies or materials for, any vessel or any trailer used in connection with a vessel. See California Harbors and Navigation Code 501
Sheriff: includes marshal. See California Code of Civil Procedure 17
Site supervisor: means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. See California Education Code 8205
social service transportation: means transportation services provided by private nonprofit organizations or individuals to either individuals who are senior citizens or individuals or groups of individuals who have special transportation needs because of physical or mental conditions and supported in whole or in part by funding from private or public agencies. See California Insurance Code 11580.1
Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
Spouse: means a spouse as defined by Section 22171. See California Education Code 7004
Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8205
State: means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. See California Harbors and Navigation Code 651
State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
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
State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
State: means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. See California Insurance Code 1067.04
State agency: means any public entity created by statute within the Resources Agency. See California Public Resources Code 10332
State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Steam vessel: means any vessel which is propelled by machinery. See California Harbors and Navigation Code 22
Stock holding company: means a corporation authorized to issue one or more classes of capital stock, the corporate purposes of which include holding all of the voting stock in an insurer that has been converted from a domestic reciprocal insurer into a stock insurer in proceedings under this article in which a reciprocal holding company is formed. See California Insurance Code 1560.02
Stock holding company: means a corporation authorized to issue one or more classes of capital stock, the corporate purposes of which include holding all of the voting stock in an insurer that has been converted from a mutual life insurer to a stock life insurer in proceedings under Section 11537. See California Insurance Code 11535.1
Storage: means the safekeeping, mooring, berthage, wharfage, or anchorage of a vessel and the providing of parking space for any trailer used in connection with the vessel. See California Harbors and Navigation Code 501
Storage space: means a room, unit, locker, or open space offered for rental to the public for temporary storage of personal belongings or light commercial goods. See California Insurance Code 1758.791
Structured settlement annuity: means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for, or with respect to, personal injury suffered by the plaintiff or other claimant. See California Insurance Code 1067.04
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Subscriber: means a person who, by the records of the domestic reciprocal insurer and its rules and regulations, is deemed to be a holder of a subscriber's interest in the domestic reciprocal insurer. See California Insurance Code 1560.02
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
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 Public Resources Code 17
subscription: includes mark when the signer or subscriber cannot 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 Public Utilities Code 16
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 Streets and Highways Code 18
Substitute property: means property to be exchanged for necessary property. See California Code of Civil Procedure 1240.310
Summons: Another word for subpoena used by the criminal justice system.
supplemental unsecured property tax levies: shall mean that amount of property tax levied by any city, county, city and county, and special district which is attributable to that portion of the property tax rate levied on the unsecured roll for the 1978-79 tax year, less the rate for voter-approved indebtedness, which is in excess of four dollars ($4) per one hundred dollars ($100) of assessed value. See California Revenue and Taxation Code 37
Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
Surplus deposits of subscribers: as used in this chapter , means amounts, over and above any premium charges, which are contributed by subscribers and which are used for the purpose of funding the surplus of a reciprocal or interinsurance exchange. See California Insurance Code 1374.1
surplus line advisory organization: shall mean the organization authorized to perform the duties delegated by the commissioner under this chapter and to exercise the authority incidental thereto. See California Insurance Code 1780.51
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
tax expenditure: means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state. See California Revenue and Taxation Code 41
Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
Temporary enclosure: means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet's waste products. See California Health and Safety Code 122380
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testate: To die leaving a will.
Testator: A male person who leaves a will at death.
Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Three-year-old children: means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. See California Education Code 8205
Time of sale: means the calendar date the retail purchaser removed the bird from the premises of the pet shop following the retail sale of that bird. See California Health and Safety Code 122320
to renew: means to continue coverage with either the insurer which issued the policy or an affiliated insurer, as defined in Section 1215, for an additional policy period upon expiration of the current policy period of a policy, provided that if coverage is continued with an affiliated insurer, it shall be the same or broader coverage as provided by the present insurer, and the insured shall be notified in writing at least 20 days prior to expiration of the current policy period of all of the following:
California Insurance Code 660
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total Adjusted Capital: means the sum of:
California Insurance Code 739
total estate of the minor: includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any, of the minor. See California Probate Code 3400
Towing vessel: as used in this article , means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead. See California Harbors and Navigation Code 445.5
Transact: means , for the purposes of this article, the following activities when engaged in by a travel retailer:
California Insurance Code 1753
transaction: means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or a lien or encumbrance thereon, including, but not limited to, those transactions with respect thereto as are listed in Section 3102. See California Probate Code 3100
transaction: means a transaction affecting title to property in the estate, including, but not limited to, the following:
California Probate Code 7260
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transferee: means the beneficiary, donee, or other recipient of an interest transferred by an instrument. See California Probate Code 81.5
Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
Travel insurance: means insurance coverage for personal risks incidental to planned travel, including one or more of the following:
California Insurance Code 1753
Travel retailer: means a business organization that makes, arranges, or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance agent. See California Insurance Code 1753
Trend Test Calculation: include d in the RBC Instructions defined in subdivision (i). See California Insurance Code 739
Trust: includes the following:
California Probate Code 82
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
Unallocated annuity contract: means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. See California Insurance Code 1067.04
Undocumented vessel: means any vessel that is not required to have, and does not have, a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. See California Harbors and Navigation Code 651
Unearned premium: means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer's policy and is that premium remaining for the unexpired term of the insolvent insurer's policy. See California Insurance Code 1063.1
Unearned premium reserve: means an amount equal to the unearned portion of premiums due to, or received by, the authority on all of its policies of residential earthquake insurance, without deduction on account of reinsurance ceded. See California Insurance Code 10089.5
Unweaned bird: means any bird that requires hand-feeding or animal assistance to sustain at least 90 percent of its own weight for at least two weeks. See California Health and Safety Code 122320
Use: means operate, navigate, or employ. See California Harbors and Navigation Code 651
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
vehicle: means a motor vehicle operated by a driver who is not required to possess a commercial driver's license to operate the motor vehicle and the motor vehicle is either of the following:
California Insurance Code 1758.89
Vendor: means any person or entity, including, but not limited to, a broker, agent, aviary, or breeder, who sells birds directly to the retail purchaser at a bird mart or at a swap meet as defined in §. See California Health and Safety Code 122320
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
Vessel: includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of the following:
California Harbors and Navigation Code 651
Vessel: means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use. See California Harbors and Navigation Code 410
vessel: includes any trailer used in connection with the vessel which is in the possession of the lienholder at the time the lien arises. See California Harbors and Navigation Code 501
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Violation: means the failure of a reinsurance intermediary, or an insurer or reinsurer for whom the reinsurance intermediary was acting, to comply with any provision of this chapter. See California Insurance Code 1781.2
Voting security: shall include any security convertible into or evidencing a right to acquire a voting security. See California Insurance Code 1215
Voting stock: means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only because of the occurrence of a contingency. See California Insurance Code 1560.02
Voting stock: means securities of any class or any ownership interest having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only because of the occurrence of a contingency. See California Insurance Code 11535.1
Waters of this state: means any waters within the territorial limits of this state. See California Harbors and Navigation Code 651
Weaned: means a bird that does not require hand-feeding or animal assistance to sustain at least 90 percent of its own weight following the time of sale, notwithstanding any illness or injury. See California Health and Safety Code 122320
Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
Will: includes codicil. See California Code of Civil Procedure 17
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
Writing: includes printing and typewriting. See California Code of Civil Procedure 17

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California Codes > Insurance Code > Division 1 > Part 2 – THE BUSINESS OF INSURANCE

Terms Used In California Codes > Insurance Code > Division 1 > Part 2 - THE BUSINESS OF INSURANCE

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