California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 9 - Insurance Fraud
Article 2 - Special Investigative Unit
Section 2698.37 - Referral of Suspected Insurance Fraud
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The SIU shall provide for the referral of acts of suspected insurance fraud to the Fraud Division and, as required, district attorneys.
(b) Referrals shall be submitted in any insurance transaction where the facts and circumstances create a reasonable belief that a person or entity may have committed or is committing insurance fraud.
(c) Referrals shall be made within the period specified by statute.
(d) The SIU shall complete as much of its investigation as is reasonable prior to the time the referral is made to the Fraud Division. Each referral of suspected insurance fraud shall indicate whether the investigation is complete or further investigation is needed.
(e) The requirements of this section do not affect the immunity granted under California Insurance Code section 1872.5 or other such similar codes contained in the Insurance Frauds Prevention Act.
(f) The requirements of this section do not diminish statutory requirements contained in the Insurance Frauds Prevention Act regarding the confidentiality of any information provided in connection with an investigation.
1. New section
filed 9-4-2003 as an emergency; operative 9-4-2003 (Register 2003, No. 36). A
Certificate of Compliance must be transmitted to OAL by 1-2-2004 or emergency
language will be repealed by operation of law on the following day.
2.
New section refiled 1-2-2004 as an emergency; operative 1-3-2004. (Register 2004,
No. 1). A Certificate of Compliance must be transmitted to OAL by 5-3-2004 or
emergency language will be repealed by operation of law on the following
day.
3. New section refiled 5-4-2004 as an emergency; operative 5-4-2004
(Register 2004, No. 19). A Certificate of Compliance must be transmitted to OAL by
9-1-2004 or emergency language will be repealed by operation of law on the following
day.
4. Editorial correction of HISTORY 3 (Register 2004, No.
36).
5. New section refiled 9-1-2004 as an emergency; operative 9-1-2004
(Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by
12-30-2004 or emergency language will be repealed by operation of law on the
following day.
6. New section refiled 12-28-2004 as an emergency;
operative 12-30-2004 (Register 2004, No. 53). A Certificate of Compliance must be
transmitted to OAL by 4-29-2005 or emergency language will be repealed by operation
of law on the following day.
7. New section refiled 4-29-2005 as an
emergency; operative 4-29-2005 (Register 2005, No. 17). A Certificate of Compliance
must be transmitted to OAL by 8-29-2005 or emergency language will be repealed by
operation of law on the following day.
8. Certificate of Compliance as
4-29-2005 order, including repealer and new section, transmitted to OAL 8-26-2005
and filed 10-7-2005 (Register 2005, No. 40).
9. New subsection (d) and
subsection relettering filed 7-30-2020; operative 10-1-2020 (Register 2020, No.
31).
Note: Authority cited: Section 1708, Civil Code; Sections 1872.4, 1874.6, 1875.24, 1875.4, 1877.3, 1877.5, 1879.5 and 1879.6, Insurance Code; Calfarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d. 805, 824, 258 Cal. Rptr. 161, 771 P.2d 1247; Credit Ins. Gen. Agents Assn. v. Payne (1976) 16 Cal.3d 651, 656, 128 Cal. Rptr. 881, 547 P.2d 993; and Garris v. Carpenter (1939) 33 Cal. App. 2d. 649, 653, 92 P.2d 688. Reference: Sections 1872.5, 1873.2, 1874.2, 1874.4, 1875.20, 1875.21, 1875.24, 1877.3, 1879.5, 12921(a) and 12926, Insurance Code.
