Section 1758.97 - Requirements to sell insurance; disclosuresA credit insurance agent shall not sell or offer to sell insurance pursuant to this article unless all of the following conditions are satisfied:
(a) The credit insurance agent provides brochures or other written materials to the prospective purchaser that do all of the following:(1) Summarize the material terms and conditions of coverage offered, including the identity of the insurer.(2) Describe the process for filing a claim, including a toll-free telephone number to report a claim.(3) Disclose any additional information on the price, benefits, exclusions, conditions, or other limitations of those policies that the commissioner may by rule prescribe.(b) The credit insurance agent makes all of the following disclosures, either with or as part of each individual policy or group certificate, or with a notice of proposed insurance, or, if the insurance is sold at the same time and place as the related credit transaction, in a statement acknowledged by the purchaser in writing on a separate form, electronically, digitally, or by audio recording: (1) That the purchase of the kinds of insurance prescribed in this article is not required in order to secure the loan or an extension of credit.(2) That the insurance coverage offered by the credit insurance agent may provide a duplication of coverage already provided by a purchaser's other personal insurance policies or by another source of coverage.(3) That the endorsee is not qualified or authorized to evaluate the adequacy of the purchaser's existing coverages, unless the individual is licensed pursuant to Article 3 (commencing with Section 1631).(4) That the customer may cancel the insurance at any time. If the customer cancels within 30 days from the delivery of the insurance policy, certificate, or notice of proposed insurance, the premium will be refunded in full. If the customer cancels at any time thereafter, any unearned premium will be refunded in accordance with applicable law.(c) Evidence of coverage is provided to every person who elects to purchase that coverage.(d) Costs for the insurance are separately itemized in any loan, credit, or retail agreement.(e) The insurance is provided under an individual policy issued to the purchaser or under a group or master policy issued to the organization licensed as a credit insurance agent by an insurer authorized to transact the applicable kinds or types of insurance in this state. Any of the conditions and disclosures specified in this section shall be deemed satisfied if the consumer is otherwise provided with the information required in this section by any other disclosures required by existing federal or state law or regulations.No statement, disclosure, or notice made for the purpose of compliance with this section shall be construed to cause the policy form, certificate of insurance, or notice of proposed insurance, by themselves, to be considered nonstandard forms, as described in Article 6.9 (commencing with Section 2249) of Subchapter 2 of Chapter 5 of Title 10 of the California Code of Regulations.
Amended by Stats 2009 ch 88 (AB 176),s 69, eff. 1/1/2010.Added by Stats 2000 ch 321 (AB 393), s 7, eff. 1/1/2001, op. 1/1/2002.