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AB-2147 Liability insurance: wrap-up policies.(2003-2004)

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Assembly Bill No. 2147
CHAPTER 777

An act to add Section 11751.82 to the Insurance Code, relating to liability insurance.

[ Filed with Secretary of State  September 25, 2004. Approved by Governor  September 24, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2147, Kehoe. Liability insurance: wrap-up policies.
Existing law generally regulates liability and workers’ compensation insurance. Existing law requires that a workers’ compensation insurer report specified data to a rating organization, and that rates be set for each insured in accordance with an experience rating plan.
This bill would require an insurer under a wrap-up insurance policy, as defined, to report workers’ compensation losses and payroll information for each contractor and subcontractor to its rating organization on a timely basis and in accordance with the uniform statistical plan. It would require the insurer, within 10 days, upon request, to provide to each contractor and subcontractor copies of the report covering workers’ compensation losses and payroll information for that contractor or subcontractor.

The people of the State of California do enact as follows:


SECTION 1.

 Section 11751.82 is added to the Insurance Code, to read:

11751.82.
 (a) An insurer under a wrap-up insurance policy shall report workers’ compensation losses and payroll information for each contractor and subcontractor to its rating organization on a timely basis and in accordance with the uniform statistical plan. Within 10 days, upon request, the insurer shall provide to each contractor and subcontractor copies of the report covering workers’ compensation losses and payroll information for that contractor or subcontractor.
(b) For the purposes of this section, a “wrap-up insurance policy” is an insurance policy, or series of policies, written to cover risks associated with a work of improvement, as defined in Section 3106 of the Civil Code, and covering two or more of the contractors or subcontractors that work on that work of improvement.