BILL NUMBER: AB 1985	CHAPTERED  07/06/04

	CHAPTER  93
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 5, 2004
	PASSED THE ASSEMBLY  JUNE 17, 2004
	PASSED THE SENATE  JUNE 14, 2004
	AMENDED IN SENATE  MAY 3, 2004

INTRODUCED BY   Assembly Member Wolk

                        FEBRUARY 12, 2004

   An act to amend Section 1871.3 of the Insurance Code, relating to
insurance claims.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1985, Wolk.  Insurance claims:  forms.
   Existing law requires an insurer, in the case of any claim arising
from the theft of an insured vehicle, prior to the settlement of the
claim, to secure from the insured a claim form containing specified
information.  Existing law requires the insurer to retain all
settlement checks in settlement of the theft of an automobile, the
original claim form, and a legible copy of the police report of the
vehicle theft for at least 3 years.
   This bill, in addition, would allow an insurer to meet the
requirement regarding retention of the settlement checks, the claim
form, and the police report by retaining an electronic copy of those
items.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1871.3 of the Insurance Code is amended to
read:
   1871.3.  (a) In the case of any claim arising from the theft of an
insured vehicle, prior to the settlement of the claim, the insurer
shall secure from the insured a claim form which shall contain, among
other things, the following:
   (1) A warning that false representations made on the signed claim
form by the insured subject the insured to a penalty of perjury.
   (2) A detailed description of the insured vehicle including the
interior, exterior, and any special equipment.
   (3) The purchase location of the insured vehicle, the purchase
date, and the name of the seller.
   (4) A detailed statement of the circumstances surrounding the
theft.
   (5) The current driver's license number of the insured, except
where the vehicle is owned by a person that is not a natural person,
or the claimant is a financial institution and the vehicle is insured
pursuant to an insurance policy issued to the financial institution
to protect vehicles that are collateral securing any loan made by the
financial institution.  A financial institution shall provide, to
the extent it has the information, the current driver's license
number of the registered owner of the vehicle or the debtor who has
obtained the loan.
   (b) For purposes of complying with the requirements of subdivision
(a), the insured shall do either of the following:
   (1) Sign the claim form in the presence of the insurance agent,
broker, adjuster, or other claims representative, who shall verify
the driver's license number of the insured who is signing the claim
form.
   (2) Submit a claim form with a notarized signature.
   (c) The claim form shall be signed under penalty of perjury.
   (d) The insurer shall retain the following for at least three
years:
   (1) All settlement checks in settlement of the theft of an
automobile, or an electronic copy thereof.
   (2) The original claim form provided for in subdivision (a), or an
electronic copy thereof.
   (3) A legible copy of the police report of the vehicle theft, or
an electronic copy thereof.