§ 2646.6. Commissioner's Report on Underserved Communities.
10 CA ADC § 2646.6Barclays Official California Code of Regulations
10 CCR § 2646.6
§ 2646.6. Commissioner's Report on Underserved Communities.
Definitions
For the purpose of these regulations, the following terms are construed as defined herein:
“Insurer” means those carriers admitted to transact the business of insurance in California and the California Fair Access to Insurance Requirements (FAIR) Plan.
“Underserved Community” means those communities which the Commissioner has determined are underserved as set forth in the “Commissioner's Report on Underserved Communities”.
(a) Each insurer writing in any one of the lines of insurance set forth in Section 2646.6(b)(1)(A) through (D) below, with the exception of umbrella, excess or reinsurance coverages, shall compile and maintain, by experience year the information required by this section for that line of business, and on or before April 1 of every odd-numbered year each insurer shall file a Community Service Statement with the Department of Insurance's Statistical Analysis Division in Los Angeles. The Community Service Statement shall contain a verification of an executive officer of the insurer, under penalty of perjury under the laws of the State of California, that the information contained therein is true and correct.
(2) the Community Service Statement shall contain the number of service offices maintained in the ZIP code during the reporting period; (For purposes of this section, “service” means claims service, and sales service.) Where more than one service is performed at an office, the insurer shall categorize the office based upon the service or services provided at that office.
To be counted for purposes of this section, an office must be open to the general public no fewer than 37.5 hours per week at least 50 weeks per year. A new office opened at any time during the reporting period shall be counted if it has been open at least 60 consecutive business days during the reporting period. An office closed at any time during the reporting period shall be counted unless it has been closed for more than 60 consecutive business days during the reporting period.
(6) the race or national origin, and gender, of each new policyholder (including new co-policyholder) who is a natural person, as provided by the policyholder on a separate, detachable form that refers to the application. The form shall state that this information is requested by the State of California in order to monitor the insurer's compliance with the law, that the policyholder is not required to provide this information but is encouraged to do so, and that the insurer may not use this information for underwriting or rating purposes. The Department's form is available on the Department's website. No such information shall be used for purposes of underwriting or rating any applicant or policyholder.
For purposes of this section, race or national origin means one of the following:
(c) The Community Service Statement shall be subject to California Insurance Code section 1861.07. The Department will release the Commissioner's Report on Underserved Communities after the collected data has been validated. At that time, two years' worth of data will be released. The Commissioner's Report on Underserved Communities will report those communities within California, designated by ZIP code, that the Commissioner finds to be underserved by the insurance industry. A community shall be deemed to be underserved by the insurance industry if the Commissioner finds:
(2) the proportion of uninsured businesses or residences is ten percentage points above the statewide and/or Standard Metropolitan Statistical Area (“SMSA”) average as determined by the Commissioner following a public hearing convened for the purpose of determining the number of uninsured businesses or residences in this state.
Credits
Note: Authority cited: Sections 12921 and 12926, Insurance Code; CalFarm v. Deukmejian, 48 Cal.3d 805 (1989). Reference: Sections 679.71, 1861.02, 1861.03, 1861.05 and 11628, Insurance Code.
History
1. New section filed 4-20-94; operative 5-20-94 (Register 94, No. 16).
2. Change without regulatory effect adding new subsections (b)(3) and (e)(3) and subsection renumbering, and amendment of newly designated subsection (b)(6) filed 10-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 40).
3. Editorial correction of subsection (e)(3) (Register 96, No. 19).
4. Amendment of subsections (a) and (b), repealer of and new subsection (b)(1), amendment of subsections (b)(1)(D)-(b)(1)(G), repealer of subsection (b)(1)(H) and subsection relettering, amendment of newly designated subsection (b)(1)(H) and subsections (b)(2)-(b)(6) and (b)(6)(F), new subsection (b)(7) and subsection renumbering, and amendment of subsections (c) and (e) filed 5-6-96; operative 5-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 19).
5. New section heading and definitions, amendment of subsection (a) and repealer of subsection (f) and subsection relettering filed 5-15-96; operative 6-14-96 (Register 96, No. 20).
6. Amendment of subsection (a) and repealer of paragraph following (b)(8) filed 6-4-96; operative 6-14-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
7. Amendment filed 2-11-2003; operative 3-15-2003 (Register 2003, No. 7).
8. Amendment filed 8-5-2010; operative 9-4-2010 (Register 2010, No. 32).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 2646.6, 10 CA ADC § 2646.6
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