Cal. Code Regs. tit. 10 § 2192.3

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2192.3 - Definitions

The following definitions apply to these regulations and to Article 16.7 of Chapter 5 of Part 2 of Division 1 of the Insurance Code (commencing with Section 1758.9):

(a) "Authorized insurer" means an insurance company holding a certificate of authority from the California Insurance Commissioner, and that is permitted by that certificate of authority to transact the kinds of insurance enumerated in Insurance Code section 1758.96.

(b) "Sell" has the same meaning as "enrollment," as that term is defined in Insurance Code section 1758.992(a).

(c) "Solicit" means to mention the availability of credit insurance to a current or prospective debtor, to recommend or suggest consideration of credit insurance to a current or prospective debtor, or to ask a current or prospective debtor if he or she might be interested in obtaining credit insurance.

(d) "Endorsee" means a natural person who is authorized by the Commissioner to sell or solicit credit insurance and is employed by a credit insurance agent organization.

(e) "Commission" means any tangible or intangible thing of value, the existence, size, quality or quantity of which depends on the quantity or value of credit insurance solicited, sold, or enrolled by the person receiving the commission. "Commission" does not include salary paid to an employee of a creditor who sells, solicits, or enrolls, as long as the amount of the salary does not depend on the quantity or value of credit insurance solicited, sold, or enrolled by the employee.

(f) "Compensation," as that term is used in Insurance Code section 1758.98(c), has the same meaning as "commission."

(g) "Fee," for the purpose of section 1758.98(c), shall have the same meaning as "commission."

(h) "Material terms and conditions," as that phrase is used in Insurance Code section 1758.97(a)(1), means all terms and conditions that, if known by or communicated to a sophisticated, prospective purchaser of credit insurance, would more likely than not influence that purchaser's decision to buy or not buy the insurance on the stated terms.

Cal. Code Regs. Tit. 10, § 2192.3

1. New section filed 9-17-2001 as an emergency; operative 9-17-2001 (Register 2001, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-15-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 5).
3. New section filed 1-31-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-3-2002 as an emergency; operative 6-3-2002 (Register 2002, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-1-2002 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 10).
6. New section filed 4-29-2003 as an emergency; operative 4-29-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-2003 or emergency language will be repealed by operation of law on the following day.
7. New section refiled 8-26-2003 as an emergency; operative 8-26-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-2003 or emergency language will be repealed by operation of law on the following day.
8. New section refiled 12-23-2003 as an emergency; operative 12-23-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2004 or emergency language will be repealed by operation of law on the following day.
9. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 18).
10. New section filed 4-29-2004 as an emergency; operative 4-29-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 4-29-2004 order transmitted to OAL 6-25-2004 and filed 7-29-2004 (Register 2004, No. 31).

Note: Authority cited: Statutes of 2000, Chapter 321, Section 8 (Assembly Bill No. 393, 1999). Reference: Sections 1634(h), 1758.9, 1758.91, 1758.92(a)(2), 1758.92(b), 1758.93, 1758.93(b), 1758.94(a), 1758.94(b), 1758.95(a), 1758.95(b), 1758.95(c), 1758.96, 1758.97, 1758.97(b)(3), 1758.97(e), 1758.98(a), 1757.98(b), 1757.98(c) and 1758.992(a), Insurance Code.

1. New section filed 9-17-2001 as an emergency; operative 9-17-2001 (Register 2001, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-15-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 5).
3. New section filed 1-31-2002 as an emergency; operative 2-1-2002 (Register 2002, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-3-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-3-2002 as an emergency; operative 6-3-2002 (Register 2002, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-1-2002 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2003, No. 10).
6. New section filed 4-29-2003 as an emergency; operative 4-29-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-2003 or emergency language will be repealed by operation of law on the following day.
7. New section refiled 8-26-2003 as an emergency; operative 8-26-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-2003 or emergency language will be repealed by operation of law on the following day.
8. New section refiled 12-23-2003 as an emergency; operative 12-23-2003 (Register 2003, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2004 or emergency language will be repealed by operation of law on the following day.
9. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 18).
10. New section filed 4-29-2004 as an emergency; operative 4-29-2004 (Register 2004, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-27-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 4-29-2004 order transmitted to OAL 6-25-2004 and filed 7-29-2004 (Register 2004, No. 31).