Section 11624.09 Of Article 4. Assigned Risk Plans From California Insurance Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 4.
11624.09
. Upon a determination by the plan that a certificate of
eligibility is defective due to an omission or mistake which is
immaterial to determining the eligibility of the applicant for
coverage, the plan shall immediately provide written notice of the
defect or defects to the insured and to the agent or broker of
record. The notice shall inform the applicant that he or she has 10
days from the postmark date of the notice to correct the defect and
postmark the correction or missing information for return to the
plan.
In the event that the defect is not corrected within that 10-day
time period, the policy is void from inception. Providing a photocopy
of the application or certificate denoting the specific defect or
defects shall be adequate to comply with the requirement to specify
the defects in the certificate.
For purposes of this section, failure to provide a required
telephone number, time of day, producer number, producer signature,
date or information that is omitted but can be determined by
questions answered or information provided in other sections of the
application or documents submitted as part of the application, shall
be considered an omission or mistake immaterial to determining the
eligibility of the applicant for the plan coverage. A certificate of
eligibility that is submitted to the plan as to which the applicant
did not demonstrate a good faith effort in completing or where the
applicant has made a willful misrepresentation shall not be subject
to this section. In the event that the defect is material to
determining the eligibility of the applicant for coverage, the policy
is void from inception.