SECTIONS 780-784 - California Statutes

INSURANCE CODE

SECTION 780-784

780. An insurer or officer or agent thereof, or an insurance broker
or solicitor shall not cause or permit to be issued, circulated or
used, any statement that is known, or should have been known, to be a
misrepresentation of the following:
(a) The terms of a policy issued by the insurer or sought to be
negotiated by the person making or permitting the misrepresentation.
(b) The benefits or privileges promised thereunder.
(c) The future dividends payable thereunder.

781. (a) A person shall not make any statement that is known, or
should have been known, to be a misrepresentation (1) to any other
person for the purpose of inducing, or tending to induce, such other
person either to take out a policy of insurance, or to refuse to
accept a policy issued upon an application therefor and instead take
out any policy in another insurer, or (2) to a policyholder in any
insurer for the purpose of inducing or tending to induce him or her
to lapse, forfeit or surrender his or her insurance therein.
(b) A person shall not make any representation or comparison of
insurers or policies to an insured which is misleading, for the
purpose of inducing or tending to induce him or her to lapse,
forfeit, change or surrender his or her insurance, whether on a
temporary or permanent plan.

782. Any person who violates the provisions of Section 780 or 781
is punishable by a fine not exceeding twenty-five thousand dollars
($25,000), or in a case in which the loss of the victim exceeds ten
thousand dollars ($10,000), by a fine not exceeding three times the
amount of the loss suffered by the victim, by imprisonment in a
county jail for a period not to exceed one year, or by both a fine
and imprisonment. Restitution to the victim ordered pursuant to
Section 1202.4 of the Penal Code shall be satisfied before any fine
imposed by this section is collected.

783. Whenever any insurance agent, broker, or solicitor knowingly
violates any provisions of Sections 780 or 781, the commissioner,
after a hearing in accordance with the procedure provided in Article
13 of Chapter 5 of this part, may suspend the license of any such
person for not exceeding three years.

783.5. If an insurer knowingly violates any provision of Sections
780 or 781, or knowingly permits any officer, agent, or employee so
to do, the commissioner, after a hearing in accordance with the
procedure provided in Section 704, may suspend the insurer's
certificate of authority to do the class of insurance in respect to
which the violation occurred.

784. Any person may be compelled to testify and produce books and
writings at the trial or hearing of any person charged with violating
any provision of sections 780 or 781 even though such testimony or
evidence may incriminate him. A person shall not be prosecuted for
any act concerning which he is compelled so to testify or produce
evidence, except for perjury committed in so testifying.