§ 11658.5. — 11658.5. (Added by Stats. 2011, Ch. 566, Sec. 2.)

California § 11658.5.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 3.: PART 3. LIABILITY, WORKERS' COMPENSATION, AND COMMON CARRIER LIABILITY INSURANCE
• Ch. 2.: CHAPTER 2. Workers’ Compensation Policies
• Art. 2.: ARTICLE 2. Policy Provisions

Text

(a)
(1)
An insurer that intends to use a dispute resolution or arbitration agreement to resolve disputes arising in California out of a workers’ compensation insurance policy or endorsement issued to a California employer shall disclose to the employer, contemporaneously with any written quote that offers to provide insurance coverage, that choice of law and choice of venue or forum may be a jurisdiction other than California and that these terms are negotiable between the insurer and the employer. The disclosure shall be signed by the employer as evidence of receipt where the employer accepts the offer of coverage from that insurer.
(2)
After compliance with paragraph (1), a
dispute resolution or arbitration agreement may be negotiated by the insurer and the employer before any dispute arises.
(b)
Nothing in this section is intended to interfere with any authority granted to the Insurance Commissioner under current law.
(c)
Failure by the insurer to observe the requirements of subdivision (a) shall result in a default to California as the choice of law and forum for resolution of disputes arising in California.
(d)
For purposes of this section, a “California employer” means an employer whose principal place of business is in California and whose California payroll constitutes the majority of the employer’s payroll for purposes of determining premium under the policy.
(e)
This section shall apply to workers’ compensation policies issued or renewed on or after July 1, 2012.

Legislative History

Added by Stats. 2011, Ch. 566, Sec. 2. (SB 684) Effective January 1, 2012.