SECTIONS 12095-12097 - California Statutes

INSURANCE CODE

SECTION 12095-12097

12095. No insurer admitted in this state to issue surety insurance
shall fail or refuse to accept an application for a contractor's
license or performance bond, or to issue such a bond to an applicant
therefor, or refuse or cancel such a bond, under conditions less
favorable to the obligor than in other comparable cases, except for
reasons applicable alike to persons of every characteristic listed or
defined in subdivision (b) or (e) of Section 51 of the Civil Code,
or persons of every geographical area; nor shall any characteristic
listed or defined in subdivision (b) or (e) of Section 51 of the
Civil Code, or location within a county, of itself, constitute a
condition or risk for which a greater rate, premium, charge,
guaranty, or collateral may be required of the applicant for such a
bond.

12096. (a) Any applicant for a contractor's license or performance
bond who believes that the admitted surety insurer, regularly issuing
such bonds, to whom he has applied did not comply with Section
12095, may file a complaint in writing with the commissioner. If the
commissioner finds that there is reasonable ground to believe that
the alleged discrimination has occurred, he may set the complaint for
hearing, after notice, at which hearing each of the parties to the
complaint shall have an opportunity to be heard in person or through
their witnesses.
(b) Any determination of the commissioner upon such complaint and
hearing shall be judicially reviewable.

12097. Whoever denies a contractor's license or performance bond
solely on the grounds specified in this article is liable for each
and every such offense for the actual damages, and two hundred fifty
dollars ($250) in addition thereto, suffered by the licensee or
applicant for a license.