California Insurance Code Section 11580.1 (required provisions and permitted exclusions in an automobile liability policy)
Published by California Legislative Counsel (leginfo.legislature.ca.gov). Jurisdiction CA.
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Section 11580.1(a) provides that no policy of automobile liability insurance described in Vehicle Code section 16054 covering liability arising out of the ownership, maintenance or use of a motor vehicle may be issued or delivered in California unless it contains the provisions set forth in subdivision (b).
claim ca-ins-code-11580-1#c1Section 11580.1(a) states that the requirements of subdivision (b) do not apply to insurance afforded under the policy to the extent that it exceeds the limits specified in Vehicle Code section 16056(a), or if the policy contains an underlying insurance requirement or provides for a retained limit of self-insurance equal to or greater than those limits.
claim ca-ins-code-11580-1#c2Section 11580.1(b)(1) requires the policy to contain coverage limits not less than the limits specified in subdivision (a) of Vehicle Code section 16056.
claim ca-ins-code-11580-1#c3Section 11580.1(b)(2) requires the policy to designate, by explicit description or appropriate reference, the motor vehicles or class of motor vehicles to which coverage is specifically granted, and section 11580.1(b)(3) requires explicit description of the purposes for which coverage for those vehicles is specifically excluded.
claim ca-ins-code-11580-1#c4Section 11580.1(b)(4) requires the policy to afford insurance to the named insured with respect to any owned or leased motor vehicle covered by the policy and, to the same extent that insurance is afforded to the named insured, to any other person using the motor vehicle, provided the use is by the named insured or with the named insured's permission, express or implied, and within the scope of that permission.
claim ca-ins-code-11580-1#c5Section 11580.1(b)(4)(A) permits insurance afforded for loading or unloading of the motor vehicle to be limited to the named insured, a relative of the named insured who resides in the named insured's household, a lessee or bailee of the motor vehicle, or an employee of any of those persons.
claim ca-ins-code-11580-1#c6Section 11580.1(b)(4)(B) permits the insurance afforded to a person other than the named insured to exclude any employee with respect to bodily injury sustained by a fellow employee injured in the scope and course of employment, and any person engaged in the business of selling, repairing, servicing, delivering, testing, road-testing, parking or storing automobiles with respect to any accident arising out of the maintenance or use of a motor vehicle in connection with that business.
claim ca-ins-code-11580-1#c7Section 11580.1(b)(4) states that as used in the chapter, owned motor vehicle includes all motor vehicles described and rated in the policy.
claim ca-ins-code-11580-1#c8Section 11580.1(c) permits the insurance afforded by a policy to which subdivision (a) applies, including the insurer's obligation to defend, to be made inapplicable by appropriate policy provision to liability assumed by the insured under contract, liability for bodily injury or property damage caused intentionally by or at the direction of the insured, liability imposed upon or assumed by the insured under any workers compensation law, and liability for bodily injury to any employee of the insured arising out of and in the course of employment.
claim ca-ins-code-11580-1#c9Section 11580.1(c)(5) permits exclusion of liability for bodily injury to an insured, or liability for bodily injury to an insured whenever the ultimate benefits of that indemnification accrue directly or indirectly to an insured.
claim ca-ins-code-11580-1#c10Section 11580.1(c)(6) permits exclusion of liability for damage to property owned, rented to, transported by, or in the charge of an insured, and states that a motor vehicle operated by an insured shall be considered to be property in the charge of an insured.
claim ca-ins-code-11580-1#c11Section 11580.1(c)(8) permits exclusion of any motor vehicle or class of motor vehicles, as described or designated in the policy, with respect to which coverage is explicitly excluded in whole or in part.
claim ca-ins-code-11580-1#c12Section 11580.1(c) provides that the insured, as used in paragraphs (1) through (4), means only that insured under the policy against whom the particular claim is made or suit is brought, while an insured, as used in paragraphs (5) and (6), means any insured under the policy.
claim ca-ins-code-11580-1#c13Section 11580.1(d)(1) permits the insurer and any named insured to agree, in the policy or a separate writing, that coverage and the insurer's obligation to defend shall not apply nor accrue to the benefit of any insured or third-party claimant while any motor vehicle is being used or operated by a natural person or persons designated by name, and provides that the limitation applies to any use or operation including negligent or alleged negligent entrustment to that person.
claim ca-ins-code-11580-1#c14Section 11580.1(d)(1) provides that a named-driver exclusion agreement applies to all coverage provided by the policy and is sufficient to comply with section 11580.2(a)(1) so as to delete uninsured motorist coverage when the vehicle is operated by a natural person designated by name.
claim ca-ins-code-11580-1#c15Section 11580.1(d)(1)(A) through (C) preserve the insurer's obligation to defend the named insured where the designated person resides in the same household as the named insured, is jointly sued with the named insured as a result of operating the named insured's insured motor vehicle, and is an insured under a separate automobile liability policy issued to that person as a named insured which does not provide a defense to the named insured.
claim ca-ins-code-11580-1#c16Section 11580.1(d)(1) provides that a named-driver exclusion agreement made more than 60 days following the inception of the policy is effective from the date of the agreement and, with the signature of a named insured, is conclusive evidence of the validity of the agreement.
claim ca-ins-code-11580-1#c17Section 11580.1(d)(1) provides that a named-driver exclusion agreement remains in force as long as the policy remains in force and applies to any continuation, renewal or replacement of the policy by the named insured, or reinstatement of the policy within 30 days of any lapse.
claim ca-ins-code-11580-1#c18Section 11580.1(f)(1) provides that on and after January 1, 1976, no policy of automobile liability insurance described in subdivision (a) may be issued, amended or renewed in California if it contains any provision that expressly or impliedly excludes from coverage the operation or use of an insured motor vehicle by the named insured in the performance of volunteer services for a nonprofit charitable organization or governmental agency by providing social service transportation, and states that the subdivision does not apply where the named insured receives remuneration of any kind other than mileage reimbursement at or below the rate the subdivision describes.
claim ca-ins-code-11580-1#c19Section 11580.1(f)(2) provides that no policy issued under the section may be cancelled by an insurer solely for the reason that the named insured is performing volunteer social service transportation for a nonprofit charitable organization or governmental agency.
claim ca-ins-code-11580-1#c20Section 11580.1(e) provides that nothing in the section or in Vehicle Code section 16054 or 16450 shall be construed to constitute a homeowner's policy, general liability policy, comprehensive personal liability policy, premises liability policy, special multiperil policy or similar policy as a policy of automobile liability insurance for the purposes of the section.
claim ca-ins-code-11580-1#c21
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Reviewer notes
Subdivision (b)(4) is the statutory source of permissive-use coverage in California: the extension to a permitted driver is required by law rather than granted by the form. Subdivision (d)(1) is the statutory source of the named-driver exclusion, and the two read against each other.