SECTIONS 13600-13601 - California Statutes

INSURANCE CODE

SECTION 13600-13601

13600. The department shall provide any person who files a
complaint pursuant to Section 678.5, with the option of submitting
any dispute involving cancellation or nonrenewal to conciliation
pursuant to the following conciliation procedures:
(a) (1) The complaint shall first be reviewed by the department.
Each insurer shall designate a responsible staff member whom the
department may contact to determine whether a complaint may be
resolved through a conciliation process.
(2) The complainant shall pay a filing fee of thirty-five dollars
($35), which shall be returned if the complainant prevails in whole
or in part in conciliation.
(b) The department staff shall attempt to resolve the dispute over
the telephone. The insurer's representative shall have the authority
to bind any insurer to any agreement reached over the telephone.
(c) The insurer shall notify the department of the representative'
s identity in writing and immediately notify the department of any
change in the designation.
(d) If the department cannot resolve the dispute by conciliation,
the complaint shall be referred to the commissioner, who may, if he
or she determines that there are reasonable grounds for believing
that a violation of Section 678.5 has occurred, hold a hearing to
determine whether a violation has occurred. In the event of a finding
that a violation has occurred, the commissioner may order
reinstatement of the policy.

13601. Nothing in this chapter shall preclude an insured or other
aggrieved party from pursuing any available alternative remedy in
lieu of conciliation or from pursuing that alternative remedy without
first proceeding under this chapter, but the department shall have
no jurisdiction to proceed under this chapter or resolve any dispute
under this chapter during the pendency of any judicial action thereon
initiated by an insured.