Cal. Code Regs. tit. 10 § 2697.9

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2697.9 - Notice Requirements

(a) All participating insurers shall comply with the notice requirements imposed by subdivision (a) of Section 10083 of the Insurance Code.

(b) Upon the acceptance by an insured of an offer of earthquake insurance and issuance of a policy of basic residential earthquake insurance by the Authority, the participating insurer shall provide the following notice to the policyholder in at least 14-point, boldface type on the declarations page of the policy or on the policy jacket:

CALIFORNIA EARTHQUAKE AUTHORITY POLICY DISCLOSURE THIS POLICY IS BEING PURCHASED FROM THE CALIFORNIA EARTHQUAKE AUTHORITY ("CEA"). THE COVERAGE IN THIS CEA POLICY SUBSTANTIALLY DIFFERS FROM THE COVERAGES PROVIDED IN YOUR HOMEOWNER'S POLICY. THE CEA IS NOT PART OF OR ASSOCIATED WITH YOUR HOMEOWNER'S INSURANCE COMPANY. IF LOSSES AS A RESULT OF AN EARTHQUAKE OR A SERIES OF EARTHQUAKES EXCEED THE AVAILABLE RESOURCES OF THE CEA, THIS POLICY IS NOT COVERED BY THE CALIFORNIA INSURANCE GUARANTY ASSOCIATION. THEREFORE, THE CALIFORNIA INSURANCE GUARANTY ASSOCIATION WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE CEA BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. IN ADDITION, YOUR CEA POLICY MAY BE SUBJECT TO FUTURE SURCHARGES OF THE POLICY PREMIUM IN CERTAIN CASES WHERE AN EARTHQUAKE OR SERIES OF EARTHQUAKES HAS EXCEEDED AVAILABLE RESOURCES TO PAY CLAIMS. IN THAT CASE, THIS MEANS THAT IN ADDITION TO THE ANNUAL PREMIUM, YOU MAY BE CHARGED UP TO AN ADDITIONAL 20% OF THE PREMIUM.

(c) The Authority and each participating insurer shall comply with the requirements imposed by Insurance Code Section 10086(a)(3) for all policies of basic residential earthquake insurance issued by the Authority.

(d) If a policy issued by the Authority includes a premium surcharge, the participating insurer shall provide the insured a notice in a stand-alone document which states that the policyholder may cancel or nonrenew the basic residential earthquake policy. The participating insurer shall provide the statement with the premium billing. The notice shall include the following statement in 14-point, boldface type:

NOTICE OF SURCHARGE ON CEA EARTHQUAKE INSURANCE POLICY AND RIGHT TO CANCEL

THE CEA IS IMPOSING A SURCHARGE ON THE PREMIUM OF ALL CEA EARTHQUAKE INSURANCE POLICIES. You may choose to renew, to cancel, or not to renew ("nonrenew") your CEA earthquake insurance policy. If you choose to cancel or nonrenew your CEA earthquake insurance policy, your CEA earthquake insurance policy will be canceled and that cancellation will have no effect on your policy of residential property insurance. If you fail to cancel or to nonrenew your CEA earthquake insurance policy, and if you also fail to pay the CEA earthquake insurance policy premium and surchage by the payment deadline, both your CEA earthquake insurance policy and your policy of residential property insurance will be canceled. IF YOU WANT EARTHQUAKE INSURANCE PROVIDED BY THE CEA, YOU MUST PAY THE PREMIUM FOR THE CEA EARTHQUAKE INSURANCE POLICY AND THE SURCHARGE.

The participating insurer may add explanatory language approved by the Commissioner to augment and explain the mandatory notice language in this paragraph (d).

Cal. Code Regs. Tit. 10, § 2697.9

1. New section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 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 97, No. 14).
3. New section filed 4-1-97 as an emergency; operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-97 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 32).
5. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-97 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of NOTE (Register 98, No. 3).
7. Certificate of Compliance as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98, No. 3).
8. Change without regulatory effect amending subsection (d) filed 6-13-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 24).

Note: Authority cited: Sections 10086(a)(3), 10089.11, 10089.28(b) and 10089.29(b)(2), Insurance Code. Reference: Sections 10089.6, 10089.11, 10089.28 and 12921, Insurance Code.

1. New section filed 11-18-96 as an emergency; operative 11-18-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-18-97 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 97, No. 14).
3. New section filed 4-1-97 as an emergency; operative 4-1-97 (Register 97, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-30-97 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 97, No. 32).
5. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-97 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of Note (Register 98, No. 3).
7. Certificate of Compliance as to 8-4-97 order transmitted to OAL 11-26-97 and filed 1-13-98 (Register 98, No. 3).
8. Change without regulatory effect amending subsection (d) filed 6-13-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 24).