BILL NUMBER: SB 989 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Fuller
FEBRUARY 10, 2016
An act to amend Section 779.2 of the Insurance Code, relating to
insurance.
LEGISLATIVE COUNSEL'S DIGEST
SB 989, as introduced, Fuller. Insurance: life and disability.
Under existing law, the Insurance Commissioner, who controls the
Department of Insurance, regulates insurers and specified classes of
insurance, including life insurance and disability insurance.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 779.2 of the Insurance Code is amended to read:
779.2. All life (a)
Life insurance and all or
disability insurance sold in connection with loans
a loan or other credit transactions
shall be transaction is subject to the
provisions of this article, except (a) such
insurance under either of the following circumstances:
(1) Insurance sold in connection
with a loan or other credit transaction having a term of
more than 10 years duration, and (b) such insurance where
its issuance is an years.
(2) Insurance sold in an isolated
transaction on the part of by the
insurer that is not related to an agreement or a plan or
regular course of conduct for insuring debtors of the creditor.
Nothing in this article
(b) This article shall not
be construed to relieve any person from compliance with any
other applicable law of this state, law,
including, but not limited to, Article 6.5 (commencing with
Section 790), nor shall anything in this article be
construed so as or to alter, amend, or otherwise
affect existing case law.
For the purpose of
(c) For purposes of this article:
(1) "Credit life insurance" means insurance on the life of a
debtor pursuant to or in connection with a specific loan or other
credit transaction, exclusive of any such
insurance procured at no expense to the debtor. Insurance shall be
deemed procured at no expense to the debtor unless the cost of the
credit transaction to the debtor varies depending on whether
or not the insurance is procured.
(2) "Credit disability insurance" means insurance on a debtor to
provide indemnity for payments becoming due on a specific loan or
other credit transaction while the debtor is disabled
disabled, as defined in the policy, exclusive of
any insurance procured at no expense to the debtor. Insurance shall
be deemed to have been procured at no expense to the debtor unless
the cost of the credit transaction to the debtor varies depending on
whether or not the insurance is procured.
(3) "Creditor" means the lender of money or vendor or lessor of
goods, services, property, rights or privileges, for which payment is
arranged through a credit transaction or any successor to the right,
title or interest of any such the
lender, vendor or lessor, and an affiliate, associate or subsidiary
of any of them or any director, officer
officer, or employee of any of them
them, or any other person in any way associated with any of
them.
(4) "Debtor" means a borrower of money or a purchaser or lessee of
goods, services, property, rights or privileges for which payment is
arranged through a credit transaction.
(5) "Indebtedness" means the total amount payable by a debtor to a
creditor in connection with a loan or other credit transaction.