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SB-1296 Insurance: judicial interpretation. (2023-2024)



Current Version: 02/15/24 - Introduced

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SB1296:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1296

Introduced by Senator Niello

February 15, 2024

An act to add Article 20 (commencing with Section 1130) to Chapter 1 of Part 2 of Division 1 of the Insurance Code, relating to insurance.


LEGISLATIVE COUNSEL'S DIGEST


SB 1296, as introduced, Niello. Insurance: judicial interpretation.
Under existing law, law is a solemn expression of the will of the supreme power of the state, which is expressed in the state Constitution and in statutes. Existing law sets forth maxims of jurisprudence and provides rules for the interpretation of statutes.
This bill would state that a secondary source on insurance is not the law or public policy of the state, and is not authoritative if, among other things, it conflicts with the state Constitution or statutes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Article 20 (commencing with Section 1130) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read:
Article  20. Judicial Interpretation

1130.
 A secondary source on insurance, including a legal treatise, scholarly publication, textbook, or other explanatory text, shall not constitute the law or public policy of the state. A secondary source on insurance is not authoritative if it purports to create, eliminate, expand, or restrict a cause of action, right, or remedy, or if it conflicts with any of the following:
(a) The United States Constitution or the California Constitution.
(b) State statutes.
(c) The state’s case law precedent.
(d) Other common law adopted by the state.