§ 678.1. — 678.1. (Amended by Stats. 2022, Ch. 424, Sec. 9.)

California § 678.1.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 1.: PART 1. THE CONTRACT
• Ch. 11.: CHAPTER 11. Cancellation and Failure to Renew Certain Property Insurance

Text

(a)
This section applies only to policies of insurance of commercial insurance that are subject to Sections 675.5 and 676.6.
(b)
A notice of nonrenewal shall be in writing and shall be delivered or mailed to the producer of record and to the named insured at the mailing address shown on the policy. The time periods and procedures in subdivision (a) of Section 1013 of the Code of Civil Procedure shall be applicable if the notice is mailed.
(c)
An insurer, at least 60 days, but not more than 120 days, in advance of the end of the policy period, shall give notice of nonrenewal, and the reasons for the nonrenewal, if the insurer
intends not to renew the policy, or to condition renewal upon reduction of limits, elimination of coverages, increase in deductibles, or increase of more than 25 percent in the rate upon which the premium is based.
(d)
If an insurer fails to give timely notice required by subdivision (c), the policy of insurance shall be continued, with no change in its terms or conditions, for a period of 60 days after the insurer gives the notice.
(e)
With respect to policies defined in subdivision (b) of Section 676.6, in addition to the bases for conditional renewal set forth in subdivision (c), an insurer may also condition renewal upon requirements relating to the underlying policy or policies. If the requirements are not satisfied as of (1) the expiration date of the policy, or
(2) 30 days after mailing or delivery of such notice, whichever is later, the conditional renewal notice shall be treated as an effective notice of nonrenewal, provided the insurer has sent written confirmation to the first named insured and the producer of record that the conditions were not met and that coverage ceased at the expiration date shown in the expiring policy.
(f)
A notice of nonrenewal shall not be required in any of the following situations.
(1)
The transfer of, or renewal of, a policy without a change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group.
(2)
The policy has been extended for 90 days or less, if the notice
required in subdivision (c) has been given prior to the extension.
(3)
The named insured has obtained replacement coverage or has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage.
(4)
The policy is for a period of no more than 60 days and the insured is notified at the time of issuance that it may not be renewed.
(5)
The named insured requests a change in the terms or conditions or risks covered by the policy within 60 days prior to the end of the policy period.
(6)
The insurer has made a written offer to the insured, within the time period specified in subdivision (c), to renew the policy under changed terms or
conditions or at a changed premium rate. As used herein, “terms or conditions” includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles.
(g)
This section shall become operative on January 1, 2019.

Legislative History

Amended by Stats. 2022, Ch. 424, Sec. 9. (SB 1242) Effective January 1, 2023.