Section 2232.35 - Policy Provisions Not Deemed to be Proration(a) Notwithstanding the prohibitions of Sections 2232.33 and 2232.34, an insurer may include in the policy affirmative statements of coverage or affirmative provisions, otherwise lawful, relating to the conditions of eligibility or the conditions determining the amounts of insurance, which may refer to other insurance with the same or another insurer, if the amount of coverage of the policy and the individuals with respect to whom coverage is provided thereunder can be determined with particularity for each period of time for which premium is paid to the insurer, without having to take into consideration the probabilities of other insurance not yet in effect or not yet disclosed, but which may in the future become in effect or be disclosed, affecting the amounts of benefits payable.(b) Group policies or contracts which are in force on January 1, 1975, and which contain either an "excess" or a "non-duplication" provision, other than as specifically provided in this section shall be brought into compliance with this section by the later of the next annual renewal date of such policies or contracts, or the expiration of a collectively bargained contract pursuant to which they were written.Cal. Code Regs. Tit. 10, § 2232.35
1. Amendment and new subsection (b) filed 11-29-74; designated effective January 1, 1975 (Register 74, No. 48).
2. Amendment filed 5-6-77 as procedural and organizational; effective upon filing (Register 77, No. 19). Note: Authority cited: Section 10369.1, Insurance Code. Reference: Sections 10369.1- 10369.12, Insurance Code.
1. Amendment and new subsection (b) filed 11-29-74; designated effective January 1, 1975 (Register 74, No. 48).
2. Amendment filed 5-6-77 as procedural and organizational; effective upon filing (Register 77, No. 19).