if the estimate of replacementcostis provided to an applicant to whom an insurancepolicy is never issued,the records and copiesreferred to in the first sentence of this subdivision (i) shall be maintained for the period of time the licensee ordinarily maintains applicantfiles in the normal course of business, provided that such period of time shall be at least sufficient to ensure that the licenseeis able to comply with the provisions of this subdivision in the event the policy is issued to the applicant. (j) To communicate an estimate of replacement value not comporting with subdivisions(a) through (e) of this Section 2695.183 to an applicant or insured in connection with an application for or renewal of a homeowners' 67 insurance policy that provides coverage on a replacementcost basis constitutes making a statement with respect to the business of insurance which is misleading and which by the exercise of reasonable care should be known to be misleading, pursuant to Insurance Code section 790.03. (k) Whenan insurer identifies one or more specific sourcesor tools that a broker-agent must use to create an estimate of replacementcost, (1) the insurer shall prescribe complete written procedures to be followed by broker-agents when they use the sourcesor tools, (2) the insurer shall provide the broker-agent with the training and written training materials necessary to properly utilize the sources or tools accordingto the insurer's prescribed procedures, and (3) the insurer, and not the broker-agent, shall be responsible for any noncompliance with this Section 2695.183 that results from the failure of the estimate to satisfy the requirements of subdivisions (a) through(e), unless that noncomplianceresults from failure by the broker-agent to follow the insurer's prescribed written procedures when using the source or tool. (1) This Section 2695.183 applies to all communications by alicensee, verbal or written, with the sole exception of internal communications within an insurer, or c

Homeowners’ insurers have obligations to act in good faith and handle, adjust and pay a claim independent of any statutory scheme as prescribed in SB800. Insurance Code §790.03. To require any insurancecarrier to wait longer before conducting repairs upon a catastrophic loss such as this, while attempting to meet the alleged standards within Civil Code §§ 895-945.5, would open a Pandora’s Box, which would be inconsistent with the governing of insurance claims, public policy, and the intent of the California Legislature.

I. BACKGROUND Plaintiffs allege against American National claims for relief for breach of written contract, breach of implied in fact contract, breach of the implied covenant of good faith and fair dealing Case 4:16-cv-06255-HSG Document 54 Filed 03/21/18 Page 9 of 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 4:16-cv-06255-HSG NOTICE OF MOTION AMD MEMO. IN SUPPORT OF AMERICAN NATIONAL‘S MOTION FOR SUMMARY JUDGMENT, PARTIAL SUMMARY JUDGMENT, AND SUMMARY ADJUDICATION (“bad faith”), negligence, violation of California Insurance Code Section 790.03 (“IC § 790.03”), violation of California Business and Professions Code Section 17200 (“B.P. 17200”), and declaratory relief (“the Complaint”).

These alleged breaches are nothing but relabeled CA-UIPA violations; CA-UIPA prohibits “making any misrepresentation to any policyholder . . . for the purpose of inducing or tending to induce the policyholder to lapse, forfeit, or surrender his or her insurance” and “[m]aking . . . any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance.” CAL. INS. CODE § 790.03(a) & (f)(1). Case 1:13-cv-00499-RGA Document 29 Filed 08/06/12 Page 32 of 35 PageID #: 442 24 MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.

These alleged breaches are nothing but relabeled CA-UIPA violations; CA-UIPA prohibits “making any misrepresentation to any policyholder . . . for the purpose of inducing or tending to induce the policyholder to lapse, forfeit, or surrender his or her insurance” and “[m]aking . . . any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance.” CAL. INS. CODE § 790.03(a) & (f)(1). Case 2:12-cv-04926-SVW-AJW Document 29 Filed 08/06/12 Page 32 of 35 Page ID #:442 24 MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.

Code.............................................................................................................19 Cal. Code Civ. Proc. § 1048 ......................................................................................4 Cal. Ins. Code § 790.03(h)(13) ................................................................................19 Property Law 2010...................................................................................................22 OTHER AUTHORITIES California Business and Professions Code (“CBPC”)...............................................3 “Earned Wages” (the “Earned Wage Exclusion”).....................................................2 Estonilo Class Action (the “RLI Action”) ..................................................................6 FLSA Exclusion Does Not Operate to Bar Coverage for Violations of CLC §§ 221 and 226.........................................................................................................20 Policy Defines “Interrelated Wrongful Acts”..........................................9, 10, 11, 17 Case 8:16-cv-01155-JLS-E Document 27-1 Filed 10/14/16 Page 8 of 34 Page ID #:1153 186359.11-10753-003-10/14/2016 4:57 PM MEMORANDUM OF P&As ISO MPSJ Case No.