Section 2257 - Use of Policy Forms, Endorsement Forms, and Ancillary Agreements(a) An insurer may use a standard policy form, or endorsement form, including a standard limiting and restricting endorsement form, after receiving written notice from the rating organization that the form has been reviewed as to form and substance and is ready for use.(b) An insurer may use a non-standard policy form, endorsement form, or ancillary agreement, other than a limiting and restricting form or a customized limiting and restricting form, after filing it in accordance with Section 2254(d) and receiving approval by the Insurance Commissioner or pursuant to Section 2251(a).(c) Except for an approved standard policy or endorsement form, an insurer shall not use a limiting and restricting form unless the Insurance Commissioner approves it in writing.(d) An insurer shall not use any previously-approved policy form, endorsement form, or ancillary agreement following a 30 day period after the Commissioner issues a written notice of the withdrawal of approval of the form to the insurer unless the insurer timely demands a hearing in accordance with this Section. If the insurer timely demands a hearing, the insurer may continue to use the form pending the Commissioner's decision after the conclusion of the hearing. If the Commissioner's decision upholds the withdrawal of approval, the insurer shall not use the form as of the 31st day after the Commissioner's decision.(1) The Commissioner shall provide written notice of withdrawal of approval to an insurer, specifying the grounds and notifying the insurer that the withdrawal of approval will become effective on the 31st day after the date of the written notice unless the insurer timely files a written demand for a hearing.(2) An insurer may file a written demand for a hearing within 30 days of the date the Commissioner issues a notice of withdrawal of approval. The written demand shall prominently display the title of the document printed in bold or CAPITAL letters as APPEAL OF COMMISSIONER'S WITHDRAWAL OF APPROVAL. The written demand shall identify the insurer's name, the form number(s), and set forth the reason(s) why the form should not be subject to the Commissioner's withdrawal of approval.(3) Within 30 days from the date the insurer files a timely written demand for a hearing on the notice of withdrawal, the Commissioner may commence a hearing on the notice of withdrawal.(4) If the Commissioner does not commence a hearing within 30 days of the insurer's written demand for a hearing, the withdrawal of approval shall be deemed ineffective on the 31st day after the insurer's filing of a written demand for a hearing.Cal. Code Regs. Tit. 10, § 2257
1. Amendment filed 8-12-54; designated effective 9-15-54 (Register 54, No. 17).
2. Amendment filed 10-4-60; designated effective 1-1-61 (Register 60, No. 21).
3. Amendment to subsection (e) filed 9-18-67; designated effective with respect to all policies and endorsements with an effective date falling on or after April 1, 1968 (Register 67, No. 38).
4. Amendment of subsections (d) and (e) filed 1-21-81; effective thirtieth day thereafter (Register 81, No. 4).
5. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-2-2016; operative 4-1-2016 (Register 2016, No. 6). Note: Authority cited: Sections 11657, 11658, 11659, 11660, 11750.3 and 12957, Insurance Code. Reference: Sections 11658, 11750.1(b) and 11750.1(e), Insurance Code.
1. Amendment filed 8-12-54; designated effective 9-15-54 (Register 54, No. 17).
2. Amendment filed 10-4-60; designated effective 1-1-61 (Register 60, No. 21).
3. Amendment to subsection (e) filed 9-18-67; designated effective with respect to all policies and endorsements with an effective date falling on or after April 1, 1968 (Register 67, No. 38).
4. Amendment of subsections (d) and (e) filed 1-21-81; effective thirtieth day thereafter (Register 81, No. 4).
5. Amendment of section heading, repealer and new section and amendment of Note filed 2-2-2016; operative 4/1/2016 (Register 2016, No. 6).