Section 2074.7 Of Article 3. California Standard Form Fire Insurance Policy From California Insurance Code >> Division 2. >> Part 1. >> Chapter 2. >> Article 3.
2074.7
. Notwithstanding the provisions of Section 2071 granting the
right to both insured and insurer to cancel a policy of insurance,
or the provisions of any policy conforming to that section, the right
of the insurer, but not that of the insured, to so cancel shall be
subject to modification by written general order or orders of the
commissioner, if: (1) the property insured is in the State of
California; (2) the insurance policy contains any "basic property
insurance" as that term is defined in Chapter 9 (commencing with
Section 10090) of Part 1, Division 2 of this code; and (3) the
property insured is, on the date of the order or orders of the
commissioner, within any geographic area to which any "Fair Plan"
approved by the commissioner pursuant to that chapter is applicable.
The commissioner's order or orders may deny to insurers the right
to cancel those policies on less than 60 days' notice, or on a lesser
number of days of notice that the commissioner may designate, except
that the number of days of notice may not be less than 20. The
commissioner's order or orders shall apply uniformly to all insurers
having those policies outstanding in all or any designated portions
of such a geographic area.
This section, and any order of the commissioner, shall not be
effective as to any policy unless the property insured therein is
then within a geographic area to which a "Fair Plan" is applicable.
The orders of the commissioner may contain generally applicable
exceptions of certain types of properties, certain types of policies,
policies solicited in a particular manner, or policies obtained upon
particular representations of the insured. The orders shall except
policies upon which premiums or premium installments have not been
paid in accordance with the agreement of the insured, whether payable
directly to the insurer or its agent, or indirectly under any
premium finance plan or plans for the extension of credit.
No order shall be adopted by the commissioner pursuant to this
section unless he or she has determined that the order is reasonably
necessary to carry out the provisions of a "Fair Plan".