Section 2274.58 - The Request for a Hearing Pursuant to Insurance Code Section 10273.7(b); Role of Department Staff(a) Department staff evaluating the insurer's request for a hearing under subdivision (b) of Insurance Code section 10273.7 shall have discretion to obtain from the policyholder, certificate holder or other insured, or from any other source, such additional evidence as in the opinion of staff may assist in the determination of whether the rescission, cancellation or nonrenewal is or is not contrary to existing law. Department staff shall make any such evidence reasonably available to the insurer and shall provide the insurer a reasonable opportunity to submit a response to that evidence.(b) Department staff evaluating the insurer's request for a hearing under subdivision (b) of Insurance Code section 10273.7 shall in each case determine whether the evidence is or is not sufficient to establish that the insurer has satisfied all legal requirements pertaining to the cancellation, rescission or nonrenewal.(c) In the event Department staff determines that the cancellation, rescission or nonrenewal is contrary to existing law, the order to reinstate the policyholder, certificate holder or other insured shall:(1) Identify each provision of law which the staff determines was not satisfied, and(2) Cite the factual basis for each such determination.Cal. Code Regs. Tit. 10, § 2274.58
1. New section filed 11-20-2013; operative 1-1-2014 (Register 2013, No. 47). Note: Authority cited: Sections 10273.7 and 12926, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989) and 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 10273.4, 10273.6, 10273.7, 10384, 10384.17 and 10713, Insurance Code.
1. New section filed 11-20-2013; operative 1-1-2014 (Register 2013, No. 47).