Section 11624 Of Article 4. Assigned Risk Plans From California Insurance Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 4.
11624
. The plan shall contain:
(a) Standards for determining eligibility of applicants for
insurance, including a requirement of a certificate of eligibility as
provided in Section 11624.08, and in establishing those standards
the following may be taken into consideration in respect to the
applicant or any other person who may reasonably be expected to
operate the applicant's automobile with his or her permission:
(1) His or her criminal conviction record.
(2) His or her record of suspension or revocation of a license to
operate an automobile.
(3) His or her automobile accident records.
(4) His or her age and mental, physical and moral characteristics
which pertain to his or her ability to safely and lawfully operate an
automobile.
(5) The condition or use of the automobile.
(b) Procedures for making application for insurance, for
apportionment of eligible applicants among the subscribing insurers
and for appeal to the commissioner by persons who believe themselves
aggrieved by the operation of the plan.
(c) A provision that the organization administering the plan shall
notify the Department of Insurance regarding the name of each
applicant for insurance who is rejected by the assigned risk plan and
the statutory grounds for the rejection. The information contained
in that notification shall be for the confidential use of the
Department of Insurance.
(d) Rules and regulations governing the administration and
operation of the plan.
(e) Provisions showing the basis upon which premium charges shall
be made, and the manner of payment thereof. Premium charges for the
plan shall not be excessive, inadequate, nor unfairly discriminatory,
and shall be actuarially sound so as to result in no subsidy of the
plan. In no event shall the commissioner be required to approve a
plan rate that includes a provision for operating profits greater
than zero dollars. The commissioner shall not be required to allow a
contingency provision with respect to a plan rate if the commissioner
takes final action on an application for a rate change within 180
days from the date the application is submitted to the commissioner
by the plan's advisory committee. The plan shall include procedures
for notifying within a reasonable time the agent, broker, or
solicitor who obtained insurance under the plan for the insured of
any nonpayment of premium to the insurer when notice of the
nonpayment is sent to the insured pursuant to Section 662.
(f) Any other provisions as may be necessary to carry out the
purpose of this article.