California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1.5 - Advisory Organizations, Policy and Bond Form Approval
Article 1 - Submission and Approval Procedures; Fees
Section 2195.2 - Definitions

Universal Citation: 10 CA Code of Regs 2195.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) "Advisory organization" means every person other than an individual admitted insurer who:

(1) develops or prepares policy or bond forms, carries on research relative to the development and preparation of policy and bond forms for use in California by insurers, or who collects, compiles, or disseminates to insurers historical data on paid claims or reserves for reported claims, or related statistical information or data for actuarial analysis and acts in an advisory, as distinguished from a ratemaking, capacity and

(2) has filed with the Commissioner
(A) a copy of its constitution, articles of incorporation, agreement of association, and of its by-laws, or rules and regulations governing its activities,

(B) a list of its members and subscribers, and

(C) the name and address of a resident of this State upon whom notices or orders of the Commissioner or process may be served.

(b) "Applicant" means any advisory organization as defined in this subchapter applying for approval of a policy or bond form pursuant to California Insurance Code section 1855.5.

(c) "Application" means the transmittal letter and policy or bond form and other documentation which every advisory organization seeking approval of a policy or bond form pursuant to California Insurance Code section 1855.5(a) must file with the Form Filing Office. All applications must comply with sections 2195.2, 2195.3, 2195.4 and 2195.5 of this subchapter.

(d) "Form Filing Office" means that office within the office of the Insurance Commissioner in Oakland designated for receipt of all applications filed pursuant to this subchapter. Facsimile transmissions and plastic bound documents shall not be filed with the Form Filing Office.

(e) "Policy or bond form" means any insurance policy, contract, rider, endorsement, insert policy page, or surety or guaranty bond developed or prepared by an advisory organization first printed on or after January 1, 1990, and made available for use by insurers on risks or operations in California as defined in Insurance Code section 1855.1.

(f) "First printed on or after January 1, 1990" means any form that was not printed and made available for use by insurers on risks or operations in California as defined in Insurance Code section 1855.1 by an advisory or rating organization prior to January 1, 1990.

(g) "Transmittal Letter" means the correspondence accompanying the policy or bond form filed for approval. Every transmittal letter shall comply with the requirements of section 2195.4(b).

(h) "Submission" means acceptance for review of a filed application by the Form Filing Office. The date of submission shall be the date an application is accepted for review pursuant to section 2196.1(b).

1. New section filed 10-5-90 as an emergency; operative 10-5-90 (Register 90, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-4-90 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 2-4-91 order transmitted to OAL 5-17-91 and filed 6-17-91 (Register 91, No. 36).
4. Change without regulatory effect amending subsection (d) filed 8-27-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 35).

Note: Authority cited: Section 12921, Insurance Code; and CalFarm Insurance Company, et al. v. Deukmejian, et al. (1989) 48 Cal.3d 805, 824. Reference: Sections 1855.1, 1855.2, 1855.3, 1855.5 and 1855.5(a), Insurance Code.

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