§ 12928.5. — 12928.5. (Amended by Stats. 2021, Ch. 50, Sec. 251.)

California § 12928.5.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 3.: DIVISION 3. THE INSURANCE COMMISSIONER
• Ch. 2.: CHAPTER 2. Powers and Duties
• Art. 1.: ARTICLE 1. Generally

Text

Whenever facts exist by reason of which, under any provision of this code, or other laws the commissioner may suspend, revoke, or deny any license or certificate of authority granted under any provision of this code, if the making or maintenance in force of a contract of insurance is one of the circumstances out of which facts arise, or, if, by reason of the existence of those facts, or in connection therewith a contract of insurance is made or maintained in force, the commissioner may, in lieu of or in addition to, the suspension, revocation, or denial of license or certificate, by order require the immediate cancellation of the contract, unless the contract, by its terms, is not subject to cancellation by the insurer and the insured did not knowingly participate in the wrongful acts.
The commissioner may also notify the insured, stating the reason why the cancellation was required.
In such a case, whether or not the particular contract is thus required to be canceled or is subject to cancellation, the commissioner may order the insurer, insurance agent, broker, solicitor, surplus line broker, or life agent soliciting, negotiating, or effecting the insurance to refrain from effecting insurance upon the property, risk, or insured under the contract for not exceeding five years from the date of the order.
The commissioner may suspend or revoke, or deny an application for, any license or certificate of authority granted under any provision of this code to any applicant or licensee violating any order issued by the commissioner pursuant to this section.

Legislative History

Amended by Stats. 2021, Ch. 50, Sec. 251. (AB 378) Effective January 1, 2022.