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Section 12761.1 Of Chapter 3. Other Provisions From California Insurance Code >> Division 2. >> Part 7. >> Chapter 3.
12761.1
. (a) A home protection company which was licensed as such
on December 31, 1988, and as of that date was a franchisor of
entities authorized by Section 771.1 to solicit, negotiate, or effect
home protection contracts, or a parent, subsidiary, or affiliate of
such a franchisor, and continues to be such a franchisor or parent,
subsidiary, or affiliate of such a franchisor, may provide coverage
for a listing period.
(b) For the purposes of this section, a "listing period" means a period prior to the time an interest in the home to which the home protection coverage attaches is sold, during which there is in effect an exclusive right to sell listing as that term is defined in Section 1086 of the Civil Code, between the seller of that home and a franchisee of that franchisor.
(c) Home protection contracts providing listing period coverage issued pursuant to this section shall be exempt from the provisions of both of the following:
(1) Subdivision (c) of Section 12740, which requires a separately stated pro rata portion of the annual fee for the period of coverage which exceeds one year.
(2) Subdivision (a) of Section 12753, which requires reserves for unearned premiums applicable to the listing period coverage provided under those home protection contracts.
(b) For the purposes of this section, a "listing period" means a period prior to the time an interest in the home to which the home protection coverage attaches is sold, during which there is in effect an exclusive right to sell listing as that term is defined in Section 1086 of the Civil Code, between the seller of that home and a franchisee of that franchisor.
(c) Home protection contracts providing listing period coverage issued pursuant to this section shall be exempt from the provisions of both of the following:
(1) Subdivision (c) of Section 12740, which requires a separately stated pro rata portion of the annual fee for the period of coverage which exceeds one year.
(2) Subdivision (a) of Section 12753, which requires reserves for unearned premiums applicable to the listing period coverage provided under those home protection contracts.
