1857.7. The application referred to in subdivision (b) of Section
1861.05 shall include, but shall not be limited to, all of the
following information:
(1) Premiums written.
(2) Premiums earned.
(3) Unearned premiums.
(4) The dollar amount of claims paid.
(5) The number of outstanding claims.
(6) Net loss reserves for outstanding claims excluding claims
incurred but not reported.
(7) Net loss reserves for claims incurred but not reported.
(8) Losses incurred as a percentage of premiums earned.
(9) Net investment gain or loss and other income or gain or loss
allocated to products liability lines.
(10) Net income before federal and foreign income taxes.
(11) Expenses incurred including loss adjustment expense,
commission and brokerage expense, other acquisition expense and
general expense.
1857.9. (a) An insurer doing business in this state, except as
provided by subdivision (f), shall report the information specified
by the commissioner that is collected by a licensed advisory
organization on an annual basis for each class of insurance
designated in the prior calendar year by the commissioner pursuant to
subdivision (b) for policies issued or issued for delivery in
California. The commissioner shall waive the requirements of this
subdivision for any information that has been provided to the
Insurance Services Office by the insurer, if the Insurance Services
Office provides the information to the commissioner on or before the
date on which the insurer is required to file the statement.
(b) No later than October 1 of each year the commissioner shall
designate those classes of insurance, as defined by the Insurance
Services Office, that are generally unavailable or unaffordable in
California, or for which there have been unusually great premium
increases, or in the case of any class of liability insurance, for
which reinsurance is generally unavailable or unaffordable in the
state or for which there have been unusually great reinsurance
premium increases. The factors the commissioner shall consider in
making this determination shall include, but are not limited to, the
following:
(1) Consumer complaints.
(2) Rate complaints.
(3) Surveillance by the department.
(4) Market conduct.
(c) Insurers shall not be required to report under this section
information required to be reported under Sections 1857.7, 1864,
11555.2, and 12963.
(d) The department shall retain the information reported pursuant
to this section for a period of no less than three years.
(e) Insurers that are members of the same insurance group may
aggregate the information required by this section in a single
report.
(f) The reports required by this section shall not be applicable
to any insurer that has been established for less than three years or
can demonstrate upon application to the commissioner that its market
share is less than 1 percent of the coverage for which the
commissioner seeks information. However, the commissioner may deny
the exemption application if he or she reasonably determines (1) that
the aggregate data, when reported, is less than 60 percent of the
written premium volume for the class, or (2) that unless the insurer
reported its data, the aggregate data reported would not be
statistically credible or reasonably complete and informative. An
insurer that has been exempted by the commissioner from reporting
shall, upon request of the commissioner, report the information
required by subdivision (a) to cover the three most recent calendar
years, in accordance with subdivision (g). In no event shall any
insurer that has reported data for a calendar year pursuant to this
section be required to report that same data in a subsequent year.
(g) The reports required by this section shall be filed on a form
provided by the commissioner no later than May 1 of the calendar year
following the year for which the information is reported.
(h) The department shall adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, except that for the purposes of Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, any regulations adopted under this section shall be
deemed to be necessary for the immediate preservation of the public
peace, health and safety, or general welfare. These regulations shall
remain in effect for 180 days. The regulations may require insurers
to report the information required by subdivision (d) by categories
other than those used by the Insurance Services Office.
(i) The information provided pursuant to subdivision (a) shall be
confidential and not revealed by the department, except that the
commissioner may publish an analysis of the data in aggregate form or
in a manner which does not disclose confidential information about
identified insurers or insureds.
(j) An insurer may fulfill its obligation to file or submit the
experience, data, statistics, or other information listed in or
designated under the terms of this section by reporting its records
in the manner provided by Section 1857 to a licensed advisory
organization that maintains the insurer's records and those of other
insurers, makes the insurer's records available for examination and
inspection by the commissioner or reports the records of an insurer
to the department upon a specific request of the commissioner, and
reports the aggregate records of insurers to the department according
to reasonable schedules approved by the commissioner. The reports of
aggregate records shall not disclose the information of any
individual insured, insurer, or insurer group.
1857.7. The application referred to in subdivision (b) of Section
1861.05 shall include, but shall not be limited to, all of the
following information:
(1) Premiums written.
(2) Premiums earned.
(3) Unearned premiums.
(4) The dollar amount of claims paid.
(5) The number of outstanding claims.
(6) Net loss reserves for outstanding claims excluding claims
incurred but not reported.
(7) Net loss reserves for claims incurred but not reported.
(8) Losses incurred as a percentage of premiums earned.
(9) Net investment gain or loss and other income or gain or loss
allocated to products liability lines.
(10) Net income before federal and foreign income taxes.
(11) Expenses incurred including loss adjustment expense,
commission and brokerage expense, other acquisition expense and
general expense.
1857.9. (a) An insurer doing business in this state, except as
provided by subdivision (f), shall report the information specified
by the commissioner that is collected by a licensed advisory
organization on an annual basis for each class of insurance
designated in the prior calendar year by the commissioner pursuant to
subdivision (b) for policies issued or issued for delivery in
California. The commissioner shall waive the requirements of this
subdivision for any information that has been provided to the
Insurance Services Office by the insurer, if the Insurance Services
Office provides the information to the commissioner on or before the
date on which the insurer is required to file the statement.
(b) No later than October 1 of each year the commissioner shall
designate those classes of insurance, as defined by the Insurance
Services Office, that are generally unavailable or unaffordable in
California, or for which there have been unusually great premium
increases, or in the case of any class of liability insurance, for
which reinsurance is generally unavailable or unaffordable in the
state or for which there have been unusually great reinsurance
premium increases. The factors the commissioner shall consider in
making this determination shall include, but are not limited to, the
following:
(1) Consumer complaints.
(2) Rate complaints.
(3) Surveillance by the department.
(4) Market conduct.
(c) Insurers shall not be required to report under this section
information required to be reported under Sections 1857.7, 1864,
11555.2, and 12963.
(d) The department shall retain the information reported pursuant
to this section for a period of no less than three years.
(e) Insurers that are members of the same insurance group may
aggregate the information required by this section in a single
report.
(f) The reports required by this section shall not be applicable
to any insurer that has been established for less than three years or
can demonstrate upon application to the commissioner that its market
share is less than 1 percent of the coverage for which the
commissioner seeks information. However, the commissioner may deny
the exemption application if he or she reasonably determines (1) that
the aggregate data, when reported, is less than 60 percent of the
written premium volume for the class, or (2) that unless the insurer
reported its data, the aggregate data reported would not be
statistically credible or reasonably complete and informative. An
insurer that has been exempted by the commissioner from reporting
shall, upon request of the commissioner, report the information
required by subdivision (a) to cover the three most recent calendar
years, in accordance with subdivision (g). In no event shall any
insurer that has reported data for a calendar year pursuant to this
section be required to report that same data in a subsequent year.
(g) The reports required by this section shall be filed on a form
provided by the commissioner no later than May 1 of the calendar year
following the year for which the information is reported.
(h) The department shall adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, except that for the purposes of Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, any regulations adopted under this section shall be
deemed to be necessary for the immediate preservation of the public
peace, health and safety, or general welfare. These regulations shall
remain in effect for 180 days. The regulations may require insurers
to report the information required by subdivision (d) by categories
other than those used by the Insurance Services Office.
(i) The information provided pursuant to subdivision (a) shall be
confidential and not revealed by the department, except that the
commissioner may publish an analysis of the data in aggregate form or
in a manner which does not disclose confidential information about
identified insurers or insureds.
(j) An insurer may fulfill its obligation to file or submit the
experience, data, statistics, or other information listed in or
designated under the terms of this section by reporting its records
in the manner provided by Section 1857 to a licensed advisory
organization that maintains the insurer's records and those of other
insurers, makes the insurer's records available for examination and
inspection by the commissioner or reports the records of an insurer
to the department upon a specific request of the commissioner, and
reports the aggregate records of insurers to the department according
to reasonable schedules approved by the commissioner. The reports of
aggregate records shall not disclose the information of any
individual insured, insurer, or insurer group.
1857.7. The application referred to in subdivision (b) of Section
1861.05 shall include, but shall not be limited to, all of the
following information:
(1) Premiums written.
(2) Premiums earned.
(3) Unearned premiums.
(4) The dollar amount of claims paid.
(5) The number of outstanding claims.
(6) Net loss reserves for outstanding claims excluding claims
incurred but not reported.
(7) Net loss reserves for claims incurred but not reported.
(8) Losses incurred as a percentage of premiums earned.
(9) Net investment gain or loss and other income or gain or loss
allocated to products liability lines.
(10) Net income before federal and foreign income taxes.
(11) Expenses incurred including loss adjustment expense,
commission and brokerage expense, other acquisition expense and
general expense.
1857.9. (a) An insurer doing business in this state, except as
provided by subdivision (f), shall report the information specified
by the commissioner that is collected by a licensed advisory
organization on an annual basis for each class of insurance
designated in the prior calendar year by the commissioner pursuant to
subdivision (b) for policies issued or issued for delivery in
California. The commissioner shall waive the requirements of this
subdivision for any information that has been provided to the
Insurance Services Office by the insurer, if the Insurance Services
Office provides the information to the commissioner on or before the
date on which the insurer is required to file the statement.
(b) No later than October 1 of each year the commissioner shall
designate those classes of insurance, as defined by the Insurance
Services Office, that are generally unavailable or unaffordable in
California, or for which there have been unusually great premium
increases, or in the case of any class of liability insurance, for
which reinsurance is generally unavailable or unaffordable in the
state or for which there have been unusually great reinsurance
premium increases. The factors the commissioner shall consider in
making this determination shall include, but are not limited to, the
following:
(1) Consumer complaints.
(2) Rate complaints.
(3) Surveillance by the department.
(4) Market conduct.
(c) Insurers shall not be required to report under this section
information required to be reported under Sections 1857.7, 1864,
11555.2, and 12963.
(d) The department shall retain the information reported pursuant
to this section for a period of no less than three years.
(e) Insurers that are members of the same insurance group may
aggregate the information required by this section in a single
report.
(f) The reports required by this section shall not be applicable
to any insurer that has been established for less than three years or
can demonstrate upon application to the commissioner that its market
share is less than 1 percent of the coverage for which the
commissioner seeks information. However, the commissioner may deny
the exemption application if he or she reasonably determines (1) that
the aggregate data, when reported, is less than 60 percent of the
written premium volume for the class, or (2) that unless the insurer
reported its data, the aggregate data reported would not be
statistically credible or reasonably complete and informative. An
insurer that has been exempted by the commissioner from reporting
shall, upon request of the commissioner, report the information
required by subdivision (a) to cover the three most recent calendar
years, in accordance with subdivision (g). In no event shall any
insurer that has reported data for a calendar year pursuant to this
section be required to report that same data in a subsequent year.
(g) The reports required by this section shall be filed on a form
provided by the commissioner no later than May 1 of the calendar year
following the year for which the information is reported.
(h) The department shall adopt regulations implementing this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, except that for the purposes of Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, any regulations adopted under this section shall be
deemed to be necessary for the immediate preservation of the public
peace, health and safety, or general welfare. These regulations shall
remain in effect for 180 days. The regulations may require insurers
to report the information required by subdivision (d) by categories
other than those used by the Insurance Services Office.
(i) The information provided pursuant to subdivision (a) shall be
confidential and not revealed by the department, except that the
commissioner may publish an analysis of the data in aggregate form or
in a manner which does not disclose confidential information about
identified insurers or insureds.
(j) An insurer may fulfill its obligation to file or submit the
experience, data, statistics, or other information listed in or
designated under the terms of this section by reporting its records
in the manner provided by Section 1857 to a licensed advisory
organization that maintains the insurer's records and those of other
insurers, makes the insurer's records available for examination and
inspection by the commissioner or reports the records of an insurer
to the department upon a specific request of the commissioner, and
reports the aggregate records of insurers to the department according
to reasonable schedules approved by the commissioner. The reports of
aggregate records shall not disclose the information of any
individual insured, insurer, or insurer group.
