§ 661. — 661. (Amended by Stats. 2012, Ch. 786, Sec. 5.)

California § 661.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 1.: PART 1. THE CONTRACT
• Ch. 10.: CHAPTER 10. Cancellation or Failure to Renew

Text

(a)
A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:
(1)
Nonpayment of premium.
(2)
The driver’s license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date.
(3)
Discovery of fraud by the
named insured in pursuing a claim under the policy provided the insurer does not rescind the policy.
(4)
Discovery of material misrepresentation of any of the following information concerning the named insured or any resident of the same household who customarily operates an automobile insured under the policy:
(A)
Safety record.
(B)
Annual miles driven in prior years.
(C)
Number of years of driving experience.
(D)
Record of prior automobile insurance claims, if any.
(E)
Any other factor found by the commissioner to have a substantial relationship to the risk of loss.
Any insured who
negligently misrepresents information described in this paragraph may avoid cancellation by furnishing corrected information to the insurer within 20 days after receiving notice of cancellation and agreeing to pay any difference in premium for the policy period in which the information remained undisclosed.
(5)
A substantial increase in the hazard insured against.
(b)
Modification of automobile physical damage coverage by the inclusion of a deductible not exceeding one hundred dollars ($100) shall not be deemed a cancellation of the coverage or of the policy.
(c)
This section shall not apply to nonrenewal.

Legislative History

Amended by Stats. 2012, Ch. 786, Sec. 5. (AB 2303) Effective January 1, 2013.