§ 1668. — 1668. (Amended by Stats. 2021, Ch. 627, Sec. 7.)

California § 1668.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 2.: PART 2. THE BUSINESS OF INSURANCE
• Ch. 5.: CHAPTER 5. Production Agencies
• Art. 6.: ARTICLE 6. License Qualifications

Text

The commissioner may deny an application for a license issued pursuant to this chapter if any of the following are true:
(a)
The applicant is not properly qualified to perform the duties of a person holding the license for which the applicant applied.
(b)
The granting of the license will be against public interest.
(c)
The applicant does not intend actively and in good faith to carry on as a business with the general public the transactions that would be permitted by the issuance of the license for which the applicant applied.
(d)
The applicant is not of good business reputation.
(e)
The applicant is lacking in integrity.
(f)
The applicant has been refused a professional, occupational, or vocational license or had a professional, occupational, or vocational license suspended or revoked by a licensing authority for reasons that should preclude the granting of the license for which the applicant applied.
(g)
The applicant seeks the license for the purpose of avoiding or preventing the operation or enforcement of the insurance laws of this state.
(h)
The applicant has knowingly or willfully made a misstatement in an application to the commissioner for a license, or in a
document filed in support of that application, or has made a false statement in testimony given under oath before the commissioner or another person acting in the commissioner’s stead.
(i)
The applicant has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner.
(j)
The applicant has shown incompetency or untrustworthiness in the conduct of any business, or has by commission of a wrongful act or practice in the course of any business exposed the public or those dealing with the applicant to the danger of loss.
(k)
The applicant has knowingly misrepresented the terms or effect of an insurance policy or contract.
(
l
)
The
applicant has failed to perform a duty expressly enjoined upon them by this code or has committed an act expressly forbidden by this code.
(m)
The applicant has been convicted of any of the following:
(1)
A felony.
(2)
A misdemeanor specified by this code or other laws regulating insurance.
(3)
A public offense having as one of its necessary elements a fraudulent act or an act of dishonesty in acceptance, custody, or payment of money or property.
(n)
The applicant has aided or abetted a person in an act or omission that would constitute grounds for the suspension, revocation, or refusal of a
license or certificate issued under this code to the person aided or abetted.
(o)
The applicant has permitted a person in the applicant’s employ to violate this code.
(p)
The applicant has violated a law relating to conduct of business that could lawfully be done only under authority conferred by that license.
(q)
The applicant has submitted to the commissioner a false or fraudulent certificate pursuant to subdivision (d) of Section 1749.5.
(r)
The applicant has been found liable by clear and convincing evidence in a civil action involving allegations of elder or dependent abuse, oppression, fraud, malice, misappropriation or conversion of funds,
misrepresentation, or breach of fiduciary duty.
A judgment, plea, or verdict of guilty, or a plea of nolo contendere is deemed to be a conviction within the meaning of this section.

Legislative History

Amended by Stats. 2021, Ch. 627, Sec. 7. (AB 1511) Effective January 1, 2022.