Section 803 Of Article 7. Restrictions On Underwriting From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 7.
803
. (a) No admitted insurer shall assume or reinsure the
liabilities of a nonadmitted insurer upon subject matter located in
this state for the purpose of circumventing the rate and form
provisions of this code, or the nonadmitted insurer provisions in
Chapter 6 (commencing with Section 1760) of Part 2, and their
implementing regulations. Notwithstanding Section 804, if, after
notice and hearing, the commissioner determines that a reinsurance
agreement was entered into in violation of this section, then the
insurer shall be subject to a fine not to exceed five thousand
dollars ($5,000), for each such reinsurance agreement, and the
commissioner may enter any other corrective order he or she deems
necessary.
(b) The commissioner shall issue a bulletin to govern the
reporting to the department by admitted insurers of their reinsurance
transactions with nonadmitted insurers. The bulletin shall specify
the types of reinsurance subject to reporting, the amounts which
shall be reported, and the manner in which that information shall be
reported. The bulletin shall require reporting of sufficient
information to enable the department to evaluate compliance with
subdivision (a).