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<ns0:Id>20250AB__178199INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-09</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>1781</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Michelle Rodriguez</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Michelle Rodriguez</ns0:Name>
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<ns0:Title> An act to amend Sections 1010, 1063.1, 1063.6, 1064.1, 1064.9, 1067.04, and 1067.16 of, and to add Section 1036.5 to, the Insurance Code, relating to insurance. </ns0:Title>
<ns0:RelatingClause>insurance</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Federal Home Loan Banks.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and generally regulates the business of insurance in the state. Existing law generally regulates insolvency and delinquency proceedings for insurers.</html:p>
<html:p>This bill would prohibit a Federal Home Loan Bank (FHLB) from being stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer-member or an FHLB insurer-member under any FHLB security agreement, as specified.</html:p>
<html:p>Existing law generally provides for the voiding of specified transfers during insolvency proceedings for insurers.</html:p>
<html:p>This bill would prohibit a receiver, rehabilitator, liquidator, or conservator from voiding any transfer of, or any obligation to transfer,
money or other property arising under or in connection with any FHLB security agreement with an insurer-member unless the transfer was made with actual intent to hinder, delay, or defraud either existing or future creditors.</html:p>
<html:p>This bill would define terms for purposes of these provisions.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_555971DB-93B1-45E6-9502-2B425B5C4FBE">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 1010 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Num>1010.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The provisions of this article shall apply to all persons, except the State Compensation Insurance Fund, subject to examination by the commissioner, or purporting to do insurance business in this state, or in the process of organization with intent to do such business therein, or from whom the commissioner’s certificate of authority is required for the transaction of business, or whose certificate of authority is revoked or suspended.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), if any of the conditions set forth in Section 1011 exists with respect to the State Compensation Insurance Fund, and the commissioner would otherwise file a verified application with the superior court or proceed under Section 1013 against the fund, the commissioner shall instead issue a report
to the Governor, the President pro Tempore of the Senate, and the Speaker of the Assembly setting forth the conditions that exist and recommending a course to remedy those conditions. The Governor, in consultation with the Legislature, shall direct a course of action to be implemented by the fund’s board of directors, or if additional legislative action is necessary, recommend a course of action to the Legislature, or both.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As used in this article:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Federal Home Loan Bank” means an institution that is established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or its successor statute.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Insurer-member” means an insurer that is a member of a Federal Home Loan Bank.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 1036.5 is added to the
<ns0:DocName>Insurance Code</ns0:DocName>
, to read:
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<ns0:Num>1036.5.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this article, a Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer-member under any Federal Home Loan Bank security agreement or any pledge, security, collateral, or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which the Federal Home Loan Bank is a party.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this article, a receiver, rehabilitator, liquidator, or conservator shall not void any transfer of, or any obligation to transfer, money or other property arising under or in connection with any Federal Home Loan Bank security
agreement with an insurer-member, or any pledge, security, collateral, or guarantee agreement or any other similar arrangement or credit enhancement relating to a Federal Home Loan Bank security agreement with an insurer-member unless the transfer was made with actual intent to hinder, delay, or defraud either existing or future creditors.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 1063.1 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Num>1063.1.</ns0:Num>
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<html:p>As used in this article:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Member insurer” means an insurer required to be a member of the association in accordance with subdivision (a) of Section 1063, except and to the extent that the insurer is participating in an insolvency program adopted by the United States government.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Insolvent insurer” means an insurer that was a member insurer of the association, consistent with paragraph (11) of subdivision (c), either at the time the policy was issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction, or, in the case of the State Compensation Insurance Fund, if a finding of insolvency is made by a duly
enacted legislative measure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Covered claims” means the obligations of an insolvent insurer, including the obligation for unearned premiums, that satisfy all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Imposed by law and within the coverage of an insurance policy of the insolvent insurer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Which were unpaid by the insolvent insurer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Which are presented as a claim to the liquidator in the state of domicile of the insolvent insurer or to the association on or before the last date fixed for the filing of claims in the domiciliary liquidating proceedings.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Which were incurred before the date coverage under the policy terminated and before, on, or within 30 days
after the date the liquidator was appointed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For which the assets of the insolvent insurer are insufficient to discharge in full.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
In the case of a policy of workers’ compensation insurance, to provide workers’ compensation benefits under the workers’ compensation law of this state or under the workers’ compensation law of any state if the injured worker is a resident of this state and not otherwise entitled to coverage from an organization similar to the association in any other state.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
In the case of other classes of insurance if the claimant or insured is a resident of this state at the time of the insured occurrence, or the property from which the claim arises is permanently located in this state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Covered claims” also includes the
obligations assumed by an assuming insurer from a ceding insurer when the assuming insurer subsequently becomes an insolvent insurer if, at the time of the insolvency of the assuming insurer, the ceding insurer is no longer admitted to transact business in this state. Both the assuming insurer and the ceding insurer shall have been member insurers at the time the assumption was made. “Covered claims” under this paragraph shall satisfy the requirements of subparagraphs (A) to (G), inclusive, of paragraph (1), except for the requirement that the claims be against policies of the insolvent insurer. The association has a right to recover a deposit, bond, or other assets that may have been required to be posted by the ceding company to the extent of covered claim payments and shall be subrogated to any rights the policyholders may have against the ceding insurer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Covered claims” does not include obligations arising from the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Life, annuity, health, or disability insurance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fidelity or surety insurance including fidelity or surety bonds, or any other bonding obligations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Credit insurance.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Title insurance.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Ocean marine insurance or ocean marine coverage under an insurance policy, including claims arising from the following: the Jones Act (46 U.S.C. Secs. 30104 and 30105), the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), or any other similar federal statutory enactment, or an endorsement
or policy affording protection and indemnity coverage.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses, except a special excess workers’ compensation policy issued pursuant to subdivision (c) of Section 3702.8 of the Labor Code that covers all or any part of workers’ compensation liabilities of an employer that is issued, or was previously issued, a certificate of consent to self-insure pursuant to subdivision (b) of Section 3700 of the Labor Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Covered claims” does not include an obligation of the insolvent insurer arising out of a reinsurance contract, an obligation incurred after the expiration date of the insurance policy or after the insurance policy has been replaced by the insured, canceled at the insured’s request, or canceled by the liquidator, or an obligation to a state or to the federal government.
If the individual has a covered claim that includes medical services provided by a medical facility owned in whole or in part by a state or federal agency, the association may pay that claim directly to the facility, as long as the services provided otherwise qualify as a covered claim and the claim is owned by the medical facility asserting the claim.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Covered claims” does not include an obligation to insurers, insurance pools, or underwriting associations, nor their claims for contribution, indemnity, or subrogation, equitable or otherwise, except as otherwise provided in this chapter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An insurer, insurance pool, or underwriting association may not maintain, in its own name or in the name of its insured, a claim or legal action against the insured of the insolvent insurer for contribution, indemnity, or by way of subrogation, except insofar as,
and to the extent only, that the claim exceeds the policy limits of the insolvent insurer’s policy. In those claims or legal actions, the insured of the insolvent insurer is entitled to a credit or setoff in the amount of the policy limits of the insolvent insurer’s policy, or in the amount of the limits remaining, when those limits have been diminished by the payment of other claims.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Covered claims,” except in cases involving a claim for workers’ compensation benefits or for unearned premiums, does not include a claim in an amount of one hundred dollars ($100) or less or the portion of a claim that is in excess of the applicable limits provided in the insurance policy issued by the insolvent insurer.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Covered claims” does not include that portion of a claim, other than a claim for workers’ compensation benefits, that is in excess of five hundred
thousand dollars ($500,000).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subparagraph (A), with respect to a policy of residential property insurance, each claim for a loss under a different coverage category shall be considered a separate covered claim.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a claim for damage to, or loss of, a dwelling structure under a policy of residential property insurance shall not exceed one million dollars ($1,000,000) or the amount recoverable under the policy, whichever is less.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Covered claims” does not include an amount awarded as punitive or exemplary damages, or an amount awarded by the Workers’ Compensation Appeals Board pursuant to Section 5814 or 5814.5 of the Labor Code because payment of compensation was unreasonably delayed or refused by the insolvent insurer.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Covered claims” does not include either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A claim to the extent it is covered by any other insurance of a class covered by this article available to the claimant or insured.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A claim by a person other than the original claimant under the insurance policy in the claimant’s own name, the claimant’s assignee as the person entitled thereto under a premium finance agreement as defined in Section 673 and entered into before insolvency, or the claimant’s executor, administrator, guardian, or other personal representative or trustee in bankruptcy, and does not include a claim asserted by an assignee or one claiming by right of subrogation, except as otherwise provided in this chapter.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Covered claims” does not include an obligation
arising out of the issuance of an insurance policy written by the separate division of the State Compensation Insurance Fund pursuant to Sections 11802 and 11803.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Covered claims” does not include an obligation of the insolvent insurer arising from a policy or contract of insurance issued or renewed before the insolvent insurer’s admission to transact insurance in the State of California.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Covered claims” does not include surplus deposits of subscribers as defined in Section 1374.1.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Covered claims” shall also include an obligation arising under an insurance policy written to indemnify a permissibly self-insured employer pursuant to subdivision (b) or (c) of Section 3700 of the Labor Code for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention. However,
for purposes of this article, those claims shall not be considered workers’ compensation claims and therefore are subject to the per-claim limit in paragraph (7), and any payments and expenses related thereto shall be allocated to category (c) for claims other than workers’ compensation, homeowners’, and automobile, as provided in Section 1063.5.
</html:p>
<html:p>These provisions shall apply to obligations arising under a policy as described herein issued to a permissibly self-insured employer or group of self-insured employers pursuant to Section 3700 of the Labor Code and notwithstanding any other provision of this code, those obligations shall be governed by this provision in the event that the Self-Insurers’ Security Fund is ordered to assume the liabilities of a permissibly self-insured employer or group of self-insured employers pursuant to Section 3701.5 of the Labor Code. This paragraph applies only to insurance policies written to indemnify a permissibly self-insured
employer or group of self-insured employers under subdivision (b) or (c) of Section 3700 of the Labor Code, for its liability to pay workers’ compensation benefits in excess of a specific or aggregate retention, and this paragraph does not apply to special excess workers’ compensation insurance policies unless issued pursuant to authority granted in subdivision (c) of Section 3702.8 of the Labor Code, and as provided for in subparagraph (G) of paragraph (3). In addition, this paragraph does not apply to a claims servicing agreement or insurance policy providing retroactive insurance of a known loss or losses as are excluded in subparagraph (G) of paragraph (3).</html:p>
<html:p>A permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall, to the extent required by the Labor Code, be responsible for paying, adjusting, and defending each claim arising under policies of insurance covered under this section, unless the benefits paid
on a claim exceed the specific or aggregate retention, in which case:</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the benefits paid on the claim exceed the specific or aggregate retention, and the policy requires the insurer to defend and adjust the claim, the association shall be solely responsible for adjusting and defending the claim, and shall make all payments due under the claim, subject to the limitations and exclusions of this article with regard to covered claims. As to each claim subject to this paragraph, notwithstanding any other provisions of this code or the Labor Code, and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If
the benefits paid on the claim exceed the specific or aggregate retention, and the policy does not require the insurer to defend and adjust the claim, the permissibly self-insured employer or group of self-insured employers, or the Self-Insurers’ Security Fund, shall not have any further payment obligations with respect to the claim, but shall continue defending and adjusting the claim, and shall have the right, but not the obligation, in a proceeding to assert all applicable statutory limitations and exclusions as contained in this article with regard to the covered claim. CIGA shall have the right, but not the obligation, to intervene in a proceeding in which the self-insured employer, group of self-insured employers, or the Self-Insurers’ Security Fund is defending a claim and shall be permitted to raise the appropriate statutory limitations and exclusions as contained in this article with respect to covered claims. Regardless of whether the self-insured employer or group of self-insured employers, or the
Self-Insurers’ Security Fund, asserts the applicable statutory limitations and exclusions, or whether CIGA intervenes in a proceeding, CIGA shall be solely responsible for paying all benefits due on the claim, subject to the exclusions and limitations of this article with respect to covered claims. As to each claim subject to this paragraph, notwithstanding any other provision of this code or the Labor Code and regardless of whether the amount paid by CIGA is adequate to discharge a claim obligation, neither the self-insured employer, group of self-insured employers, nor the Self-Insurers’ Security Fund, shall have an obligation to pay benefits over and above the specific or aggregate retention, except as provided in this subdivision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the event that the benefits paid on the covered claim exceed the per-claim limit in paragraph (7), the responsibility for paying, adjusting, and defending the claim shall be returned to the permissibly
self-insured employer or group of employers, or the Self-Insurers’ Security Fund.
</html:p>
<html:p>These provisions shall apply to all pending and future insolvencies. For purposes of this paragraph, a pending insolvency is one involving a company that is currently receiving benefits from the guarantee association.</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Covered claims” also includes all obligations arising under a policy issued to cover cybersecurity, as long as the association’s total liability for all those obligations does not exceed one million dollars ($1,000,000) or the policy limits, whichever is less. Cybersecurity claims shall be covered by the account categorized pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 1063.5, unless the coverage is specifically attached to a policy that would otherwise be covered by an account categorized pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (a) of Section
1063.5.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Notwithstanding any other provision in this section or Section 1063, if an insurance policy has been allocated to or assumed by a company that did not issue the policy pursuant to a state statute that provides for the division of an insurance company or the statutory assumption of designated policies by a new company, that statute provides a novation has been deemed to have occurred with respect to those policies, and that company is placed in liquidation, then to the extent a claim arising under that allocated or transferred policy would have been a covered claim had the original company been placed in liquidation before the statutory allocation or assumption, any claim arising under that same policy shall be a covered claim regardless of whether the company that allocated or assumed the policy was or was not a member at the time the policy was issued or when the insured event occurred.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Admitted to transact insurance in this state” means an insurer possessing a valid certificate of authority issued by the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Affiliate” means a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insurer becomes an insolvent insurer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control is presumed to exist if a
person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, 10 percent or more of the voting securities of any other person. This presumption may be rebutted by showing that control does not in fact exist.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Claimant” means an insured making a first party claim or a person instituting a liability claim. However, no person who is an affiliate of the insolvent insurer may be a claimant.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Federal Home Loan Bank” means an institution that is established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or its successor statute.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Federal Home Loan Bank
insurer-member” means an insurer that is a member of a Federal Home Loan Bank.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Net direct written premiums” means the amount of direct written premiums in the annual financial statement on file with the commissioner, adjusted for any premiums written for any lines of insurance or types of coverages not covered by this article, plus premiums written in this state for coverage under a special excess workers’ compensation policy.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Ocean marine insurance” includes marine insurance as defined in Section 103, except for inland marine insurance, as well as any other form of insurance, regardless of the name, label, or marketing designation of the insurance policy, that insures against maritime perils or risks and other related perils or risks, that are usually insured against by traditional marine insurance such as hull and machinery, marine builders’ risks, and marine protection and indemnity. Those perils and risks insured against include, without limitation, loss, damage, or expense or legal liability of the insured arising out of or incident to ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death for loss or damage to the property of the insured or another person.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Unearned premium” means that portion of a premium as calculated by the liquidator that had not been earned because of the cancellation of the insolvent insurer’s policy and is that premium remaining for the unexpired term of the insolvent insurer’s policy. “Unearned premium” does not include an amount sought as return of a premium under a policy providing retroactive insurance of a known loss or return of a premium under a retrospectively rated policy or a policy subject to a contingent surcharge or a policy in which the final determination of the premium cost is computed after expiration of the policy and is calculated on the basis of actual loss experienced during the policy period.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_BE2F0312-8032-42A1-9A50-F5566C3F0D3B">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 1063.6 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_36C4CE6E-A87C-4288-951F-F50687E98EA1">
<ns0:Num>1063.6.</ns0:Num>
<ns0:LawSectionVersion id="id_6E9E6565-E1BE-44DE-9AAD-862C0522E713">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in the state shall, subject to waiver by the association in specific cases involving covered claims and subject to waiver by the commissioner as to matters that are not covered claims, be stayed for 60 days from the date that an order of liquidation or an order of receivership with a finding of insolvency has been entered by a superior court in this state or by a court in the state of domicile of the insurer, and an additional time thereafter as may be determined necessary by the court to permit proper defense
or conduct of all pending causes of action by the association or the commissioner, as applicable. The stay as to matters to which the insolvent insurer is a party shall be superseded by and when an injunction or stay order is entered by the court in this state having jurisdiction of the liquidation or the ancillary liquidation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The liquidator, receiver, or statutory successor of an insolvent member insurer shall permit reasonable access by the association to the insolvent insurer’s records as is necessary for the association to carry out its duties with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall
provide the association with copies of these records upon the reasonable request of the association and at the expense of the association.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this article, a Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action against collateral pledged by a Federal Home Loan Bank insurer-member under any Federal Home Loan Bank security agreement or any pledge, security, collateral, or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which the Federal Home Loan Bank is a party.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A9D44682-1A5C-4752-865A-D8F0A10D8506">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1064.1 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5BDBA540-B0DE-4A82-B375-218A12002DAA">
<ns0:Num>1064.1.</ns0:Num>
<ns0:LawSectionVersion id="id_3E4789CF-868D-44A3-92CF-279EFE0CF604">
<ns0:Content>
<html:p>For the purposes of this act:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Insurer” means any person subject to the insurance supervisory authority of, or to liquidation, rehabilitation, reorganization, or conservation by the commissioner or the equivalent insurance supervisory official of another state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Delinquency proceeding” means any proceeding commenced against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving that insurer.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Foreign country” means territory not in any state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Domiciliary state” means the state in which an insurer is incorporated or organized, or, in the case of an
insurer incorporated or organized in a foreign country, the state in which the insurer, having become authorized to do business in the state, has, at the commencement of delinquency proceedings, the largest amount of its assets held in trust and assets held on deposit for the benefit of its policyholders or policyholders and creditors in the United States; and any such insurer is deemed to be domiciled in such state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Ancillary state” means any state other than a domiciliary state.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Reciprocal state” means any state other than this state in which in substance and effect the provisions of this act are in force, including the provisions requiring that the commissioner or equivalent insurance supervisory official be the receiver of a delinquent insurer. A “reciprocal state” includes any state also which has, through its commissioner or equivalent supervisory official, entered
into a binding and enforceable written agreement with the commissioner of this state which provides that (1) a commissioner or equivalent supervisory official is required to be the receiver of a delinquent insurer; (2) title to assets of the delinquent insurer shall vest in the domiciliary receiver, as of the date of any court order appointing him or her as receiver, and he or she shall have the same rights to recover those assets as provided under subdivision (b) of Section 1064.3; (3) nondomiciliary creditors may file and prove their claims before ancillary receivers; (4) the laws of the domiciliary state of the delinquent insurer shall be applied uniformly to residents and nonresidents in the allowance of preference of claims, except for claims to special deposits created under the laws of the domiciliary state; (5) preferences (including attachments, garnishments, and liens) for creditors with advance information shall be prevented; and (6) the domiciliary receiver may sue in the reciprocal state to
recover any assets of a delinquent insurer to which he or she may be entitled under the law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“General assets” means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or limited class or classes of persons, and as to such specifically encumbered property the term includes all such property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and assets held on deposit for the security or benefit of all policyholders or all policyholders and creditors in the United States, shall be deemed general assets.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Preferred claim” means any claim with respect to which the law of a state accords priority of payment from the general assets of the insurer.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Special deposit claim” means any claim secured by a deposit made for the security or benefit of a limited class or classes of persons, but not including any general assets.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Secured claim” means any claim secured by mortgage, trust, deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims, which more than four months prior to the commencement of delinquency proceedings in the state of the insurer’s domicile, have become liens upon specific assets by reason of judicial process.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Receiver” means receiver, liquidator, rehabilitator, or conservator as the context may require.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Federal Home Loan Bank” means
an institution that is established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or its successor statute.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Insurer-member” means an insurer that is a member of a Federal Home Loan Bank.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9D9DCE72-93EE-4267-B40E-BB23F1087215">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 1064.9 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_94C41BCC-12DB-41D8-88EB-A7757191C579">
<ns0:Num>1064.9.</ns0:Num>
<ns0:LawSectionVersion id="id_2CD7C916-74E3-4523-A8B9-E09D463D9BC2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this article, a Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer-member under any Federal Home Loan Bank security agreement or any pledge, security, collateral, or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which the Federal Home Loan Bank is a party.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_945D263F-E388-4526-A4DE-F68989B9FF61">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 1067.04 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7F191749-D4DA-4C11-8714-6C30ACDBE25E">
<ns0:Num>1067.04.</ns0:Num>
<ns0:LawSectionVersion id="id_2EFCF1ED-2F0A-4095-BC2A-399BA26DEB38">
<ns0:Content>
<html:p>As used in this article:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Account” means either of the two accounts created under Section 1067.05.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Association” means the California Life and Health Insurance Guarantee Association created pursuant to Section 1067.05.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Authorized assessment” means an assessment, to be called immediately or in the future from member insurers for a specified amount, that is authorized by a resolution of the board of directors. “Authorized,” when used in the context of assessments, means authorized by a resolution of the board of directors. An assessment is authorized when this resolution is passed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Benefit plan” means a specific employee, union, or association of natural persons benefit plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Called assessment” means an assessment as to which a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within a timeframe set forth in the notice. “Called,” when used in the context of assessments, means required by notice to be paid by member insurers. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Commissioner” means the Insurance Commissioner.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Contractual obligation” means any obligation under a policy or contract, or certificate under a group policy or contract, or portion thereof, for which coverage is provided under Section 1067.02.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Covered policy” means a policy or contract or portion of a policy or contract for which coverage is provided under Section 1067.02.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Extracontractual claims” shall include, for example, claims relating to bad faith in the payment of claims, punitive or exemplary damages, or attorney’s fees and costs.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Federal Home Loan Bank” means an institution that is established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or its successor statute.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Federal Home Loan Bank insurer-member” means an insurer that is a member of a Federal Home Loan
Bank.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Impaired insurer” means a member insurer which, after the effective date of this article, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Insolvent insurer” means a member insurer that, after October 1, 1990, is
placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Member insurer” means any insurer licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Section 1067.02 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A hospital or medical service organization, whether for profit or nonprofit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A health maintenance organization.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A fraternal benefit society.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A mandatory state pooling plan.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A mutual assessment company or other person that operates on an assessment basis.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An insurance exchange.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An organization that has a certificate or license limited to the issuance of charitable gift annuities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A grants and annuities society holding a certificate of authority under Section 11520.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
An entity similar to any of the above.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Moody’s Corporate Bond Yield Average” means the Monthly Average Corporates as published by Moody’s Investors Service, Inc., or any successor thereto.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Owner” of a policy or contract and “policy owner” and “contract owner” mean the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded
as the owner on the books of the insurer. The terms owner, contract owner, and policy owner do not include persons with a mere beneficial interest in a policy or contract.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Person” means an individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Plan sponsor” means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The employer in the case of a benefit plan established or maintained by a single employer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The employee organization in the case of a benefit plan established or maintained by an employee organization.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Premiums” means amounts or considerations, by whatever name called, received on covered policies or contracts less returned premiums, considerations, and deposits and less dividends and experience credits.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Premiums” does not include amounts or considerations received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under subdivision (b) of Section 1067.02, except that assessable premium shall not be reduced on account of subparagraph (C) of paragraph (2) of subdivision (b) of Section 1067.02 relating to interest limitations and paragraph (2) of subdivision (c) of Section 1067.02 relating to limitations with respect to one individual, one participant, and one contract owner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Premiums” does not include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Premiums on an unallocated annuity contract.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of five million dollars ($5,000,000) with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Principal place of business” of a plan sponsor or a
person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily exercise that function, determined by the association in its reasonable judgment by considering all the following factors:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The state in which the primary executive and administrative headquarters of the entity are located.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The state in which the principal office of the chief executive officer of the entity is located.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The state in which the board of directors, or similar governing persons, of the entity conducts the majority of its meetings.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The state in which the executive or management committee of the board of directors, or similar
governing persons, of the entity conducts the majority of its meetings.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The state from which the management of the overall operations of the entity is directed.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The principal place of business of a plan sponsor of a benefit plan shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other
similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Receivership court” means the court in the insolvent or impaired insurer’s state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Resident” means a person to whom a contractual obligation is owed and who resides in this state on the date of entry of a court order that determines a member insurer to be an impaired insurer or a court order that determines a member insurer to be an insolvent insurer. A person may be a resident of only one state, which in the case of a person other than a natural person shall be its principal place of business. Citizens of the United States who are either residents of foreign countries, or residents of United States’ possessions, territories, or protectorates that do not have an association similar to the association created by this article shall be deemed residents of the state of domicile of the insurer that issued the policies or contracts.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“State” means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Structured settlement annuity” means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for, or with respect to, personal injury suffered by the plaintiff or other claimant.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Supplemental contract” means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or a life, health, or annuity contract.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Unallocated annuity contract” means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate.
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<ns0:BillSection id="id_148EBB39-2941-40BD-ACB9-C0985F19B9C2">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 1067.16 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Num>1067.16.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed not less than 180 days from the date an order of liquidation, rehabilitation, or conservation is final, to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.
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<html:p>
(b)
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Notwithstanding any other provision of this article, a Federal Home Loan Bank shall not be stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action against collateral pledged by a Federal Home Loan Bank insurer-member under any Federal Home Loan Bank security agreement or any pledge, security, collateral, or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which the Federal Home Loan Bank is a party.
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