Bill Text: CA AB2401 | 2013-2014 | Regular Session | Introduced

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Bill Title: Insurance: public inspection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-10 - Referred to Com. on INS. [AB2401 Detail]

Download: California-2013-AB2401-Introduced.html

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BILL NUMBER: AB 2401	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dababneh

                        FEBRUARY 21, 2014

   An act to amend Section 12938 of the Insurance Code, relating to
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2401, as introduced, Dababneh. Insurance: public inspection.
   Existing law requires the Department of Insurance to make
available for public inspection on its Internet Web site, among other
things, all adopted reports of market conduct examinations of unfair
or deceptive practices in the business of insurance, as defined by a
specified statute. Upon adopting the report, the Insurance
Commissioner is required to transmit a copy of the report to a
representative of the examined insurer as designated. The insurer can
submit comments to the commissioner regarding the adopted report
within 20 business days after transmittal of the adopted report.
Existing law also requires the commissioner to publish the adopted
report and any comments submitted by the insurer on the department's
Internet Web site within 20 business days after transmittal of the
adopted report.
   This bill would increase from 20 business days to 30 calendar days
the number of days an insurer has to submit comments to the
commissioner after transmittal of the adopted report. This bill would
also increase from 20 business days to 30 calendar days the number
of days within which the commissioner is required to publish the
adopted report and any comments submitted by the insurer.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12938 of the Insurance Code is amended to read:

   12938.  Notwithstanding any other  provision of 
law, the department shall make available for public inspection and
publish on its Internet Web site all of the information described in
subdivisions (a) and (b). This information shall be maintained in a
current, up-to-date condition. All identifying and privileged
information regarding individual policyholders shall be redacted from
documents available for public inspection and on the Internet Web
site.
   (a) All fully executed stipulations, orders, decisions,
settlements, or other forms of agreement resolving market conduct
examinations, whether the examinations were finalized, terminated, or
suspended, that pertain to unfair or deceptive practices in the
business of insurance as defined in Section 790.03.
   (b) (1) Every adopted report of a market conduct examination of
unfair or deceptive practices in the business of insurance as defined
in Section 790.03 that is adopted as filed, or as modified or
corrected, by the commissioner pursuant to Section 734.1.
   (2) The commissioner upon adopting the report shall transmit a
copy of the report, either electronically or by certified United
States mail, to a representative that the examined insurer designated
by that insurer to receive the report, or in the case of an
examination of more than one insurer in an insurer group, to a single
representative of the group designated to receive the report on
behalf of all examined insurers. Within  20 business
  30 calendar  days after the transmittal, the
examined insurer may submit comments to the commissioner relating to
the adopted report. The comments shall be in a form and length as
provided by regulation.
   (3)  Twenty business   Thirty calendar 
  days after the transmittal the commissioner shall publish
on the department's Internet Web site the adopted report and any
comments submitted by the examined insurer unless a court of
competent jurisdiction has stayed the publication of the report.
   (c) This section may not be construed to require the disclosure of
company workpapers or other company documents discovered during the
course of an examination or any preliminary report of the
examination, except as otherwise permitted by law.