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California-Specific Rules
12 questions1. An admitted insurer that writes residential property insurance in California must offer earthquake coverage to the policyholder at what point?
Cal. Ins. Code §10081 requires every admitted insurer that writes residential property insurance to offer earthquake coverage in writing at each renewal. The offer must state the premium and basic terms. The policyholder may decline, but the offer itself must be made — it is not contingent on a written request or seismic activity.
Cal. Ins. Code §100812. After the Governor declares a state of emergency due to a wildfire, how long is an insurer prohibited from non-renewing residential property policies in the affected ZIP codes?
Cal. Ins. Code §675.1, strengthened by SB 824 (2018), imposes a one-year moratorium on non-renewal of residential property policies in ZIP codes within or adjacent to a wildfire disaster area following a gubernatorial state-of-emergency declaration. The moratorium runs from the date the emergency is declared, not from containment.
Cal. Ins. Code §675.13. Under Proposition 103, what must an insurer do before changing rates for auto, homeowners, or other covered property/casualty lines in California?
Proposition 103, codified at Cal. Ins. Code §1861.05, requires prior approval of rate changes for personal auto, homeowners, and many other P&C lines. The insurer files the proposed rate with the Department of Insurance and may not implement it until the Commissioner approves. California is a true prior-approval state, not file-and-use or use-and-file.
Cal. Ins. Code §1861.05 (Proposition 103)4. Under the California Fair Claims Settlement Practices Regulations, after receiving notice of a claim, within how many calendar days must an insurer acknowledge the claim and begin any necessary investigation?
10 CCR §2695.5(e) requires the insurer to acknowledge receipt of a claim within 15 calendar days and to begin any investigation necessary. A separate 40-day window applies to accepting or denying the claim, and a 30-day window applies to payment after agreement, but the initial acknowledgment is 15 days.
10 CCR §2695.5 (Fair Claims Settlement Practices Regulations)5. Under California's Fair Claims Settlement Practices Regulations, within how many calendar days after receiving proof of claim must an insurer accept or deny the claim in whole or in part (absent an extension for good cause)?
10 CCR §2695.7(b) gives the insurer 40 calendar days from receipt of proof of claim to accept or deny in whole or in part. The deadline may be extended in writing for good cause, but the default rule is 40 days. After acceptance and agreement, payment must be tendered within 30 days.
10 CCR §2695.76. Under California Civil Code §3287, what statutory rate of interest accrues on amounts wrongfully withheld from a claimant once the amount becomes certain?
Cal. Civ. Code §3287, together with Article XV §1 of the California Constitution, sets the statutory interest rate at 10% per year (simple) on damages that are certain or capable of being made certain by calculation. This rate applies to delayed claim payments once the amount is established and is the figure tested on the P&C exam.
Cal. Civ. Code §3287; Cal. Ins. Code §10111.27. How many days written notice must a California private passenger auto insurer give before non-renewing a policy?
Cal. Ins. Code §662 requires the insurer to mail or deliver a written notice of intent not to renew at least 60 days before the policy expires. If the insurer fails to give 60 days' notice, the policy effectively continues. The 60-day rule is distinct from cancellation grounds, which are limited under §661.
Cal. Ins. Code §6628. A California private passenger auto policyholder wants to reject uninsured motorist (UM) coverage. The rejection is effective only if:
Cal. Ins. Code §11580.2 makes UM coverage automatic in every California auto liability policy unless the named insured rejects it in writing. The rejection must be a signed, written waiver — an oral statement to the agent is not sufficient. If no written rejection is on file, UM applies at the bodily-injury limits of the policy.
Cal. Ins. Code §11580.29. Which best describes the California FAIR Plan?
The California FAIR Plan Association, created under Cal. Ins. Code §10091 et seq., is an industry-funded syndicated pool that serves as the insurer of last resort. It offers basic property (mostly fire and limited perils) coverage to applicants who cannot obtain insurance through the voluntary market — most often properties in high brush or wildfire areas. It is not a government program and does not compete on the regular voluntary market.
Cal. Ins. Code §10091+ (California FAIR Plan)10. Which statement about the California Earthquake Authority (CEA) is correct?
The CEA, established under Cal. Ins. Code §10089.5 et seq., is a publicly managed but privately financed entity. Participating residential insurers issue CEA earthquake policies to their own customers, who can choose CEA coverage instead of the insurer's own. The CEA is neither a mutual insurer nor a direct-to-public carrier, and it covers only policies written by participating insurers.
Cal. Ins. Code §10089.5+ (CEA)11. Under California's Auto Body Repair Consumer Bill of Rights, which practice is prohibited?
Cal. Ins. Code §758.5 makes it an unfair practice for an insurer to require a claimant to use a particular auto repair shop, or to suggest one, without first informing the consumer in writing of the right to select the shop. The Auto Body Repair Bill of Rights also requires written estimates and parts disclosure — those practices are required, not prohibited.
Cal. Ins. Code §758.512. The California Low Cost Automobile Insurance Program (CLCA) is designed primarily for which group of drivers?
Created under Cal. Ins. Code §11629.7 et seq., CLCA provides liability-only auto coverage to income-eligible good drivers who have a valid license and would otherwise have difficulty affording the financial responsibility limits. CLCA is not for high-risk drivers, commercial fleets, or non-residents — eligibility hinges on income, driving record, and California residency.
Cal. Ins. Code §11629.7+ (California Low Cost Automobile Program)