California 2009 2009-2010 Regular Session

California Assembly Bill AB2362 Introduced / Bill

Filed 02/19/2010

 BILL NUMBER: AB 2362INTRODUCED BILL TEXT INTRODUCED BY Assembly Members Skinner and Blakeslee FEBRUARY 19, 2010 An act to amend Section 769.55 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGEST AB 2362, as introduced, Skinner. Insurance: agents and brokers. Existing law provides that the obligation of an insurer to furnish any notice to its insured, as required by law, may be carried out by the insurer's general agent; however, the delegation of this obligation does not limit or negate the insurer's responsibility or liability if the general agent fails to provide the required notice. This bill would make technical, nonsubstantive changes to that provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 769.55 of the Insurance Code is amended to read: 769.55. Notwithstanding any other provision of this code, for the purposes of Chapter 6 (commencing with Section 520) through Chapter 11 (commencing with Section 675), inclusive  ,  of Part 1 of Division 1, the obligation of an insurer to furnish any notice to its insured required by law may be carried out by an insurer's general agent, provided, however, that an insurer's delegation of a notice obligation to a general agent shall not limit or negate the insurer's responsibility or liability if the general agent fails to provide the required notice. As used in this section, "general agent" means a licensed fire and casualty broker-agent who, pursuant to a written contract with an admitted insurer manages the transaction of one or more classes of insurance written by the insurer and has the power to (1) appoint, supervise, and terminate local agents, (2) accept or decline risks, and (3) collect premium moneys from producing broker-agents. Nothing in this section shall provide an exemption from Article 5.4 (commencing with Section 769.80) to  any   a  fire and casualty broker-agent who is otherwise subject to that article.