Section 18593 Of Article 2. General From California Financial Code >> Division 7. >> Chapter 8. >> Article 2.
18593
. The downpayments received by the company under the
provisions of Section 18592, may be held by the company in trust in a
separate bank account or depository, or in lieu thereof, the company
may maintain a time deposit with a bank, savings and loan
association, or comparable institution, or obtain a certificate or
certificates of deposit or a clean and irrevocable letter or letters
of credit from a bank, in an amount at least equal to the average
amount of such downpayments being held at any given time by the
company as ascertained by the commissioner, and which are payable to
the insurer pursuant to the terms of the premium finance agreement.
Such deposits, certificates, or a clean and irrevocable letter or
letters of credit shall be held in trust for the benefit of the
insureds, as their relative interests in such downpayments may exist
at any given time, and in the event of the insolvency of a company,
such funds on deposit under the provisions of this section or as
represented by a certificate or certificates of deposit or a clean
and irrevocable letter or letters of credit shall be first applied to
remitting the amount of the downpayment to the insureds on all
premium finance agreements upon which the company has not then
forwarded in full the downpayments collected from and then being held
for insureds, and, if insufficient to pay all such amounts in full,
then such funds shall be applied for such purposes pro rata.