SECTIONS 880-886 - California Statutes

INSURANCE CODE

SECTION 880-886

880. Except as provided in this article, every insurer shall
conduct its business in this State in its own name.

881. The commissioner shall require the name or any changed name of
every insurer (including reciprocal or interinsurance exchanges),
every attorney in fact, every motor club, and every underwritten
title company to be submitted to him or her by written application
and approved by him or her before the name is used in this state for
business purposes. If approved, the commissioner shall issue his or
her official certificate approving the name, and when appropriate,
reserving the name for the following time periods, which shall
commence on the date of the approval:
(1) One year if the applicant is newly formed, or if the
application is filed on behalf of an entity to be formed, under the
laws of this state.
(2) One hundred eighty days and during the pendency in good faith
of an application for certificate of authority in the case of a
foreign or alien applicant.
(3) Ninety days in the case of an admitted entity requesting
authority to change the name under which it will conduct its business
with the public in this state.
Except in the case in which an applicant has already paid a fee on
a pending application for admission, the commissioner shall collect
a fifty-eight dollar ($58) fee for filing each application for name
approval and reservation. An application for name approval may
contain not more than three names in the order of applicant's
preference and the commissioner's approval shall be limited to only
one name submitted by any one application.
The certificate of approval shall be attached to the articles of
incorporation before the Secretary of State shall file the articles
or any amended articles. The commissioner may reject any name
submitted when it is an interference with, or too similar to one
already appropriated, or when it is likely to mislead the public in
any respect. In the event of a rejection, the applicant shall legally
change its name to one approved by the commissioner or, if a foreign
or alien insurer, may arrange to conduct any business it may do with
the public in California under an approved name as an operating
name, identifying itself under both its true name and operating name
in the conduct of all official business with the commissioner.
Notwithstanding the provisions of Sections 1282 and 12221, the
provisions of this section shall apply to reciprocal insurers,
including their attorneys in fact, and shall apply to motor clubs,
respectively.

881.1. Notwithstanding the provisions of Section 881 or any other
provision of law, neither the commissioner or the Secretary of State
shall reject a name proposed by an entity seeking admission as a home
protection company if such name was used by such entity for conduct
of a home protection or home warranty business in this state for at
least one year prior to May 3, 1978. Every such name, upon the
commissioner's determination of such use, shall be approved upon
submission of application therefor.

881.2. Notwithstanding Section 5652 of the Financial Code, use of
the term "savings bank" in a name or title may be approved for use by
the commissioner if the remaining words in the name or title show
that the insurer is engaged in the business of insurance and is not a
savings bank.

881.3. Upon approval of an applicant's name by the commissioner,
and the issuance of a certificate approving the same, the applicant
may apply to the Secretary of State for the issuance of a certificate
of reservation of corporate name for the same periods specified in
Section 881.

881.5. If through inadvertance or otherwise a corporation does not
comply with Section 881 of the Insurance Code, or with Sections
201.5, 202, 2105, 2106, 2106.5, and 2107 of the Corporations Code
when any of such sections is applicable, any corporation lawfully
engaged in the insurance business in this state may bring an action
for judicial relief against such corporation by means of any remedy
afforded by law. Such action may be based upon any of the grounds by
reason of which the commissioner could or would have denied
application for approval of the corporate name of the noncomplying
corporation. In such an action the court may order such corporate
defendant to adopt a new name or an operating name, when permissible,
acceptable to both the Secretary of State and the commissioner, by
filing a certificate of amendment or by filing an amended statement
and designation with the Secretary of State.

882. When two or more insurers propose to issue an underwriter's
policy, each insurer shall first file an application with the
commissioner for approval and registration of the name or title under
which the policy is to be issued. The commissioner may reject any
name submitted when it is an interference with, or too similar to,
one already appropriated or when it is likely to mislead the public
in any respect. In such case the application may be amended to submit
another or other names.
The commissioner shall charge and collect in advance a fee of
twenty-nine dollars ($29) from each insurer filing an application for
approval and registration of such name or title, or for filing any
amendment thereto.

882.5. (a) A home protection company proposing to issue a contract
bearing the name of itself as well as another name which is the name
of a person, persons, or organization of persons licensed pursuant to
Part 1 (commencing with Section 10000) of Division 4 of the Business
and Professions Code, or a franchised name therefor, shall first
file an application with the commissioner for approval of the other
name. The commissioner may reject any name so submitted when it is an
interference with, or too similar to, one already appropriated or
when it is likely to mislead the public in any respect. However, the
name shall not be rejected, except pursuant to subdivision (b), if
the name was used by the same entity for a similar offering in this
state prior to May 3, 1978. In case of any rejection of a name
pursuant to this subdivision, the application may be amended to
submit another or other names.
(b) No such name shall be approved unless all power to transact
home protection business (except as authorized in Section 771.1) and
other powers specified by the commissioner by regulation, are
specifically retained by the home protection company and the home
protection contracts prominently disclose that fact.
The commissioner, pursuant to Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
may adopt reasonable regulations to implement this section.

883. An underwriter's policy may be issued under a name thus
registered and shall clearly show:
(a) The names of the insurers guaranteeing it.
(b) The severalty of the contract.
(c) The proportion of the premium to be paid to each insurer.
(d) The proportion of liability which each assumes.

884. Unless renewed, the approval and registration of all
underwriters' names shall expire at 12:01 a.m. July 1st of each
even-numbered year. Renewal may be secured by filing with the
commissioner an application therefor, together with a fee of ten
dollars ($10). Such an application shall be filed during the month of
May preceding such July 1st. The commissioner shall furnish the
application forms for such renewal. The commissioner shall, upon
receipt of a proper renewal application and payment of the filing fee
therefor, renew the approval and registration of the underwriter's
name unless he finds that:
(a) The insurer has abandoned use of said underwriter's name;
(b) The insurer is actually using or publicizing the name in any
manner after it has discontinued the issuance of underwriter's
policies bearing such name;
(c) The insurer has used such underwriter's name in a manner which
has resulted in misrepresentation or fraud;
(d) The insurer has used such underwriter's name in a manner which
would violate any provision of law relating to the conduct of its
business;
(e) The insurer has secured such underwriter's name through
misrepresentation or concealment of material information; or
(f) Reasons exist which would warrant refusal of approval or
registration if the same were being initially requested.
If the commissioner so finds he shall advise all insurers using
said underwriter's name in writing that the renewal application is
denied and set forth with particularity the reasons for the denial.
Such denial shall be effective thirty (30) days after mailing of such
advice to the insurer unless within such thirty (30) days the
insurer requests a hearing. In this event the advice of denial shall
constitute the commissioner's opening pleading for the purpose of the
hearing, which shall be deemed denied by the insurer. The insurer if
it elects may within ten (10) days file additional written response.
The hearing shall be noticed and commenced within a reasonable time.
During said thirty (30) days, and, if request for hearing be filed
until the termination of such proceeding, the insurer may continue
the use of the underwriter's name and the issuance of policies
thereunder provided timely renewal application has been filed and the
filing fee paid.

885. The commissioner may at any time institute proceedings for the
revocation of approval and registration of an underwriter's name
upon any of the grounds set forth in Section 884 by following the
procedure prescribed in that section.

886. Termination of approval and registration of an underwriter's
name, whether through denial of a renewal application or revocation,
shall have no effect on the validity or the retention in force to
normal expiration of any underwriter's policies issued on or prior to
the date of such termination with an effective date not more than
sixty (60) days after its issue date provided that if any such policy
is continuous in form it shall not be continued in force beyond its
annual renewal date first occurring after such date of termination.