Section 11621.5 Of Article 4. Assigned Risk Plans From California Insurance Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 4.
11621.5
. (a) In the event proceedings have been initiated by the
commissioner to have an insurer declared insolvent, and a receiver or
liquidator has been appointed, the plan shall reimburse any insured
of that insurer for the unearned premium on any assigned risk policy
then in force, upon submission of satisfactory evidence from the
insured that the policy was in force at the time of the declaration
of insolvency and that the requisite premium had been paid.
(b) The amount expended by the plan to remit unearned premium to
insureds shall be deemed a cost of administration of the plan and
shall be apportioned as provided in the plan adopted and approved
pursuant to this article. The plan shall be subrogated in the
liquidation proceedings to the right of reimbursement of all insureds
to whom unearned premium has been remitted. In the event that the
insurer is subsequently found by the court not to be insolvent, the
proceedings are dismissed, and the receiver or liquidator has been
discharged, the insurer shall be assessed by the plan for the total
amount expended by the plan for return of unearned premiums.