Section 25395.44 Of Article 8.7. California Financial Assurance And Insurance For Redevelopment Program From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 8.7.
25395.44
. (a) Notwithstanding any other provision of law, the
agency, the secretary, the state, their respective employees and
agents, and any of the state's other political subdivisions or
employees thereof, shall not be liable to any person for any of the
following:
(1) Any acts or omissions by the agency, the secretary, the state,
their respective employees and agents, and any of the state's other
political subdivisions or employees thereof, in implementing this
article.
(2) Any acts or omissions by an insurance company selected to
provide prenegotiated environmental insurance products pursuant to
subdivision (b) of Section 25395.41.
(3) Any acts or omissions by any person that purchases a
prenegotiated environmental insurance product made available pursuant
to this article.
(b) The immunity from liability set forth in subdivision (a)
specifically includes, but is not limited to, immunity if an
insurance company selected to provide prenegotiated environmental
insurance products pursuant to subdivision (b) of Section 25395.41
does any of the following:
(1) Cancels, rescinds, or otherwise terminates its contract with
the secretary.
(2) Fails, for any reason, to compensate an insured for a loss
covered by a policy.
(3) Delays payment to an insured, or otherwise breaches a duty or
covenant imposed by law or required by a policy or contract with an
insured that purchased an environmental insurance product pursuant to
this article.
(c) The immunity set forth in this section is in addition to other
immunities and defenses otherwise available to the agency, the
secretary, the state, their respective employees and agents, and any
of the state's political subdivisions and employees thereof.
(d) In implementing this article, the agency, the secretary, the
state, their respective employees and agents, and any of the state's
other political subdivisions and employees thereof, may not:
(1) Be construed to be an insurer, as defined in Section 23 of the
Insurance Code, an insurance agent, as defined in Sections 31 and
1621 of the Insurance Code, an insurance solicitor, as defined in
Sections 34 and 1624 of the Insurance Code, or an insurance broker,
as defined in Sections 33 and 1623 of the Insurance Code.
(2) Be construed to be transacting insurance, as defined in
Section 35 of the Insurance Code.
(3) Be required to obtain a license or other authorization
pursuant to any provision of the Insurance Code.