California Insurance Code Section 10089.6 (creation of the California Earthquake Authority)
Published by California Legislative Information (California Legislature). Jurisdiction CA.
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Section 10089.6(a)(1) provides that there is hereby created the California Earthquake Authority, which shall be administered and governed by the governing board described in Section 10089.7 under the authority of the commissioner, and overseen by the California Catastrophe Response Council solely with regard to administrative or support services the authority may provide to or for the benefit of the Wildfire Fund or the Wildfire Fund Administrator, with all other businesses or activities of the authority governed solely by the board.
claim ca-ins-code-10089-point-6#c1Section 10089.6(a)(1) provides that the authority shall be authorized to transact insurance in this state as necessary to sell policies of basic residential earthquake insurance in the manner set forth in Sections 10089.26, 10089.27, and 10089.28, and that the authority shall have no authority to transact any other type of insurance business.
claim ca-ins-code-10089-point-6#c2Section 10089.6(b)(2) provides that the rights, obligations, and duties owed by the authority to its insureds, beneficiaries of insureds, and applicants for insurance shall be the same as those owed by insurers under common law, regulations, and statutes, and that the authority shall be liable to them as an insurer is liable.
claim ca-ins-code-10089-point-6#c3Section 10089.6(a)(1) begins: 'There is hereby created the California Earthquake Authority, which shall be administered and governed by the governing board described in Section 10089.7 under the authority of the commissioner and overseen by the California Catastrophe Response Council solely with regard to any administrative or support services the authority may provide to, or for the benefit of, the Wildfire Fund'. The sentence does not end at the word 'commissioner'.
claim ca-ins-code-10089-point-6#c4Section 10089.6(a)(1) further provides that all other businesses or activities of the authority unrelated to the Wildfire Fund shall be governed solely by the board, and that the authority shall have the powers conferred by the chapter.
claim ca-ins-code-10089-point-6#c5The section sits in CHAPTER 8.6. California Earthquake Authority [10089.5 - 10089.55], added by Stats. 1995, Ch. 944, Sec. 2.
claim ca-ins-code-10089-point-6#c6This section establishes that the California Earthquake Authority exists and is state-created; it says nothing about CEA's market share.
claim ca-ins-code-10089-point-6#c7
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