SECTIONS 10190-10192 - California Statutes

INSURANCE CODE

SECTION 10190-10192

10190. The provisions of Sections 800, 801, 802, 803, and 804 shall
not apply to life insurance.

10191. (a) The commissioner may, from time to time as conditions
warrant, after notice and hearing, promulgate such reasonable rules
and regulations, and amendments and additions thereto, as are
necessary or advisable, to establish and maintain a procedure for the
filing and approval of documents, as defined in this section, prior
to their issuance, delivery, or use in this state, in lieu of the
requirements of submission, filing, or approval for the documents
presently provided in Section 10205, 10205.5, 10205.6, 10225, 10270,
10270.1, 10270.57, 10270.9, 10270.91, 10270.92, 10270.93, 10290,
10292, 11066, 11069, 11513, 11513.1, 11513.2, 11515, or 11658. For
purposes of this section, "document" includes, but is not limited to,
every form of contract, insurance policy, application, rider,
endorsement, amendment, insert policy page, certificate, or other
evidence or notice of insurance, fill-in material, schedules of rates
and classifications of risks, and any modification to any document,
which is subject to the requirements of any of the enumerated
sections.
(b) Any such rule or regulation shall be promulgated in accordance
with the procedure provided in Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) In promulgating any such rule or regulation, the commissioner
may give consideration to the following circumstances:
(1) Whether all such documents, the submission, filing, or
approval of which is governed by any of the foregoing enumerated
sections, or only a portion thereof described in the rule or
regulation, shall be subject thereto.
(2) Whether certain documents or portions thereof should be
regulated in respect of submission, filing, or approval in a fashion
differing from similar requirements applicable to other documents.
(3) Whether varying procedures may be made applicable among
admitted insurers in respect of the submission, filing or approval
predicated, in whole or in part, upon such factors as the age and
size of the submitting insurer, the period of its licensing in this
state for the class or classes of insurance represented by the
documents, the nature and number of prior submissions of similar
documents and the disposition thereof by the commissioner, and
similar criteria which is relevant to a determination that the
submitting insurer has demonstrated compliance with all applicable
statutes, rules, and regulations relating to documents comprising
prior submissions.
(d) In promulgating any such rules and regulations, the
commissioner shall, so far as practical, describe or define certain
provisions: (1) which the commissioner will authorize without review
when accompanied by a certification prescribed by him or her by rule,
and (2) which the commissioner will under no circumstances approve.
(e) The commissioner shall establish a period of time, not shorter
than one year, during which any change in the provisions which
pursuant to subdivision (d), he or she has provided he or she will
under no circumstances approve, will not apply to policies filed
prior to the effective date of the change.
(f) Except as otherwise provided in this section any document
approved by the commissioner pursuant to rules and regulations
authorized by this section may have its approval withdrawn in
accordance with subdivision (d) of Section 10291.5 or Section 12957,
whichever is applicable.

10192. If a policy of life insurance becomes paid up pursuant to a
paid up nonforfeiture benefit, the insurer shall send a notice to the
owner of the policy not later than six months after the date the
paid up nonforfeiture benefit becomes effective, and once every five
years thereafter. The notice shall advise the owner of the policy
that the owner, within six months after the date of the notice, may
request the insurer to send notices to all direct beneficiaries named
in the policy. If so requested, the insurer shall send the notices
by first-class mail to the addresses of the beneficiaries as supplied
by the owner. The notices shall advise the beneficiaries that they
are named as beneficiaries in the policy, and shall identify the
owner of the policy and the insured. The insurer shall provide, but
not be limited to, the following information upon request from the
beneficiary: (a) how the policy of insurance is identified on the
records of the insurer, (b) the amount of death benefits, and (c) the
cash surrender value of the policy.