I.C · The Insurance Marketplace
Two prohibited practices: helping nonadmitted insurers, and free insurance
Two rules keep the market honest. One keeps ordinary producers from fronting for insurers the state has not admitted. The other keeps insurance from being handed out as a sales gimmick.
Nonadmitted insurers (Ins. Code §703): unless done by a licensed surplus line broker, acting as agent for a nonadmitted insurer, or aiding one to transact insurance in California for a home state insured (for example, collecting applications for it), is a misdemeanor. The violator also forfeits to the state $500, plus $100 for each month or fraction of a month the violation continues.
Worked example: a violation lasting 2 months and 10 days counts as three periods: $500 + (3 x $100) = $800. A partial month is not prorated.
Free insurance (Ins. Code §777.1): insurers, agents, brokers and solicitors may not offer insurance with no separate charge as an inducement to buy or rent property or services. A mattress store giving a free renters policy to each buyer is prohibited.
The section lists exceptions, including:
accident insurance offered with subscriptions to a newspaper of general circulation
insurance a credit union provides to members in connection with buying shares
insurance guaranteeing the performance of goods sold
insurance incidental to services that costs the seller no more than $1 a year per purchaser
Remember
· §703: aiding a nonadmitted insurer (unless a surplus line broker) = misdemeanor + $500 + $100 per month or fraction.
· A partial month counts as a full month: 2 months 10 days = $800.
· §777.1: no free insurance as an inducement; incidental-to-services exception caps cost at $1 a year per purchaser.
CA
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