BILL NUMBER: AB 2362	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Skinner and Blakeslee

                        FEBRUARY 19, 2010

   An act to amend Section 769.55 of the Insurance Code, relating to
insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2362, as introduced, Skinner. Insurance: agents and brokers.
   Existing law provides that the obligation of an insurer to furnish
any notice to its insured, as required by law, may be carried out by
the insurer's general agent; however, the delegation of this
obligation does not limit or negate the insurer's responsibility or
liability if the general agent fails to provide the required notice.
   This bill would make technical, nonsubstantive changes to that
provision.
   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 769.55 of the Insurance Code is amended to
read:
   769.55.  Notwithstanding any other provision of this code, for the
purposes of Chapter 6 (commencing with Section 520) through Chapter
11 (commencing with Section 675), inclusive  ,  of Part 1 of
Division 1, the obligation of an insurer to furnish any notice to
its insured required by law may be carried out by an insurer's
general agent, provided, however, that an insurer's delegation of a
notice obligation to a general agent shall not limit or negate the
insurer's responsibility or liability if the general agent fails to
provide the required notice.
   As used in this section, "general agent" means a licensed fire and
casualty broker-agent who, pursuant to a written contract with an
admitted insurer manages the transaction of one or more classes of
insurance written by the insurer and has the power to (1) appoint,
supervise, and terminate local agents, (2) accept or decline risks,
and (3) collect premium moneys from producing broker-agents.
   Nothing in this section shall provide an exemption from Article
5.4 (commencing with Section 769.80) to  any   a
 fire and casualty broker-agent who is otherwise subject to
that article.