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Cal. Ins. Code § 12090

Special Restrictions on Business

Applied in 2 court decisions — leading case 84 Cal. App. 4th 605 - Walt Rankin & Associates, Inc. v. City of Murrieta (2000)

Most recently applied in 84 Cal. App. 4th 605 - Walt Rankin & Associates, Inc. v. City of Murrieta (October 2000)

Amended by Stats. 1991, Ch. 1020, Sec. 1.

(a) An admitted surety insurer shall not become surety on any one undertaking, or accept reinsurance on such undertaking, when its liability thereon, in excess of the amount reinsured by it in an admitted insurer, amounts to more than ten percent of its capital and surplus as shown by its last statement on file in the office of the commissioner.

(b) In determining its liability on an undertaking for purposes of subdivision (a), an admitted insurer may reduce its liability by either or both of the following:

(1) Deposits with the surety insurer, in a manner acceptable to the commissioner, or by conveyance to it in trust for its protection, of assets that would qualify as admitted assets.

(2) A clean and irrevocable letter of credit acceptable to the commissioner.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.