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AB-1393 Personal liability insurance.(2021-2022)

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Date Published: 03/25/2021 09:00 PM
AB1393:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1393


Introduced by Assembly Member Cooley

February 19, 2021


An act to amend Section 108.1 11591 of the Insurance Code, relating to insurance.


LEGISLATIVE COUNSEL'S DIGEST


AB 1393, as amended, Cooley. Insurance: liability insurers. Personal liability insurance.
Existing law regulates each insurer admitted to do business in this state, and authorizes a surplus line broker to solicit and place insurance for an insured with a nonadmitted insurer if certain requirements are met. Existing law generally requires an insurance policy providing comprehensive personal liability insurance that is issued or renewed in California to contain a provision for coverage against liability for the payment of workers’ compensation to household employees.
This bill would exempt a policy of comprehensive personal liability insurance written by a nonadmitted insurer from that requirement.

Existing law establishes the Department of Insurance, headed by the Insurance Commissioner, which regulates insurers and insurance practices. Existing law provides that an insurer admitted to transact liability insurance is also deemed to be admitted to transact workers’ compensation insurance for the purpose of covering an employee, as defined.

This bill would make technical, nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 11591 of the Insurance Code is amended to read:
11591.

The requirements of

11591.
 (a) Section 11590 shall be inapplicable to any such does not apply to a policy of insurance or endorsement where under which the services of such an employee are in connection with the trade, business, profession, or occupation, as such those terms are defined in Sections 3355 and 3356 of the Labor Code, of the insured.
(b) Section 11590 does not apply to a policy of comprehensive personal liability insurance written by a nonadmitted insurer.

SECTION 1.Section 108.1 of the Insurance Code is amended to read:
108.1.

An insurer admitted to transact liability insurance is also deemed to be admitted to transact workers’ compensation insurance for the purpose of covering a person defined as an employee by subdivision (d) of Section 3351 of the Labor Code.