Chapter 5. Notice To Insurance Carriers of California Family Law Code >> Division 6. >> Part 1. >> Chapter 5.
Upon filing of the petition, or at any time during the
proceeding, a party may transmit to, or the court may order
transmittal to, a health, life, or disability insurance carrier or
plan the following notice in substantially the following form:
"YOU ARE HEREBY NOTIFIED, PURSUANT TO A PENDING PROCEEDING, IN RE
MARRIAGE OF ____, CASE NUMBER ____, FILED IN THE SUPERIOR COURT OF
THE STATE OF CALIFORNIA, COUNTY OF ____, THAT OWNERSHIP OF, OR
BENEFITS PAYABLE UNDER, A POLICY OF HEALTH, LIFE, OR DISABILITY
INSURANCE WHICH YOU HAVE ISSUED TO ONE OF THE PARTIES TO THIS
PROCEEDING, POLICY NO. ____, IS AT ISSUE OR MAY BE AT ISSUE IN THE
PROCEEDING.
YOU ARE HEREBY INSTRUCTED TO MAINTAIN THE NAMED BENEFICIARIES OR
COVERED DEPENDENTS UNDER THE POLICY, UNLESS THE TERMS OF THE POLICY
OR OTHER PROVISIONS OF LAW REQUIRE OTHERWISE, OR UNTIL RECEIPT OF A
COURT ORDER, JUDGMENT, OR STIPULATION BETWEEN THE PARTIES PROVIDING
OTHER INSTRUCTIONS.
YOU ARE FURTHER INSTRUCTED TO SEND NOTICE TO THE NAMED
BENEFICIARIES, COVERED DEPENDENTS, OR OTHER SPECIFIED PERSONS UPON
CANCELLATION, LAPSE, OR CHANGE OF THE COVERAGE, OR CHANGE OF
DESIGNATED BENEFICIARIES UNDER THE POLICY."
Upon the entry of an order or judgment in the proceeding
requiring a party to maintain existing health, life, or disability
insurance coverage for a spouse or children or after an order or
judgment in the proceeding requiring a party to purchase life or
disability insurance and name the spouse or children as beneficiaries
and upon receipt of the name, title, and address of the insurer, or
the name of the plan's trustee, administrator, or agent for service
of process, a party may transmit to, or the court may order
transmittal to, the insurer or plan a copy of the order or judgment
endorsed by the court, together with the following notice in
substantially the following form:
"PURSUANT TO A PROCEEDING, IN RE MARRIAGE OF ____, CASE NUMBER
____, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF
____, YOUR INSURED, ____, HAS BEEN ORDERED TO MAINTAIN THE EXISTING
(HEALTH) (LIFE) (DISABILITY) INSURANCE COVERAGE, POLICY NO. ____, IN
FORCE FOR THE NAMED BENEFICIARIES OR COVERED DEPENDENTS AS SPECIFIED
IN THE ATTACHED ORDER OR JUDGMENT.
THE ATTACHED ORDER OR JUDGMENT REQUIRES YOU TO MAINTAIN THE NAMED
BENEFICIARIES UNDER THE POLICY AS IRREVOCABLE BENEFICIARIES OR
COVERED DEPENDENTS OF THE POLICY AND YOU MUST ADMINISTER THE COVERAGE
ACCORDINGLY, UNTIL THE DATE SPECIFIED, IF ANY, IN THE ORDER OR
JUDGMENT, OR UNTIL THE RECEIPT OF A COURT ORDER, JUDGMENT, OR
STIPULATION PROVIDING OTHER INSTRUCTIONS.
YOU ARE FURTHER INSTRUCTED TO SEND NOTICE TO THE NAMED
BENEFICIARIES, COVERED DEPENDENTS, OR OTHER SPECIFIED PERSONS UPON
ANY CANCELLATION, LAPSE, OR CHANGE OF COVERAGE, OR CHANGE OF
DESIGNATED BENEFICIARIES UNDER THIS POLICY."
Notice pursuant to this chapter may be sent by first-class
mail, postage prepaid, to the last known address of the covered
dependents, named beneficiaries, or other specified persons who have
requested receipt of notification.
The insured or policyholder who is a party to the proceeding
shall furnish to the other party the name, title, and address of the
insurer or the insurer's agent for service of process.