California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 7 - Production Agency Records
Section 2190.7 - Place Where Records Kept
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All records described in Sections 2190.2, 2190.4, 2190.5 and 2190.6 shall be kept in the principal office in this State of the resident agent or broker or resident surplus lines broker or resident special lines' surplus lines broker except where otherwise specifically authorized by the commissioner. All records described in Sections 2190.2, 2190.4, 2190.5 and 2190.6 for non-resident surplus line brokers and non-resident special lines' surplus lines brokers shall be kept in the principal office in the state or territory of the United States in which he or she is licensed as a resident surplus line broker or resident special lines' surplus lines broker.
(b) All records described by Section 2190.3 shall be maintained at the office servicing the insured.
(c) An agent operating under an exclusive contract with an insurer, including one insurer and its subsidiaries or affiliates, shall, upon termination of the appointment, be required to maintain only such records as such contract authorizes him to retain, provided that the insurer shall bear the responsibility of maintaining within this State all other records which would have otherwise been required to be maintained by the agent, subject to the time limitations set forth in 2190.2, 2190.3 and 2190.4.
(d) All records shall be maintained in an orderly manner so that the information therein is readily available and shall be open to inspection or examination of the commissioner at all times and the commissioner may at any time require such licensee to furnish him any information maintained or required to be maintained.
(e) One year after cancellation or expiration of a policy, records pertaining thereto may be stored off premises so long as they are retrievable within two business days.
(f) An agent or broker may maintain the records, which are otherwise required by this article to be kept at the principal office, at a secondary office upon obtaining specific written authorization from the Insurance Commissioner, which authorization may impose any conditions or restrictions which the Insurance Commissioner deems to be necessary and proper.
1. Amendment
filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
Amendment of subsections (a) and (c) and new NOTE filed 8-28-98; operative 9-27-98
(Register 98, No. 35).
3. Amendment of subsection (a) and amendment of
NOTE filed 7-14-2003 as an emergency; operative 7-14-2003 (Register 2003, No. 29). A
Certificate of Compliance must be transmitted to OAL by 11-12-2003 or emergency
language will be repealed by operation of law on the following day.
4.
Certificate of Compliance as to 7-14-2003 order transmitted to OAL 11-5-2003 and
filed 12-22-2003 (Register 2003, No. 52).
Note: Authority cited: Sections 1727, 1763 and 1768, Insurance Code. Reference: Sections 1639, 1727, 1763, 1767 and 1768, Insurance Code.
