Insurance Code section 10270.91

An insurer is permitted to provide group disability coverage prior to the approval of the form of the policy if all of the conditions of (a) are met prior thereto and if thereafter it acts as required by (b).

(a)

The conditions precedent are:

(1)

The group is one eligible for coverage pursuant to the provisions of this article; and

(2)

An executed memorandum of insurance has been or is concurrently delivered to the entity which is to become the policyholder containing a provision that unless a policy the form of which has been approved by the commissioner and embodying the coverage has been issued and delivered to the policyholder within 90 days after the date on which the coverage is provided or agreed to be provided, the coverage provided pursuant to such memorandum terminates 120 days after such date, and containing a specification in either complete or summary form of:

(i)

The class or classes of employees eligible for coverage;

(ii)

The benefits to be provided; and
(iii)The exceptions and reductions to such benefits, if any.

(b)

An insurer providing coverage pursuant to this section shall:

(1)

Within 60 days after the date on which the coverage is provided or agreed to be provided submit to the commissioner for approval a policy form drafted to provide the coverage provided by such memorandum and in a good faith attempt to meet all requirements of law;

(2)

Make such revisions in the policy submitted as the commissioner may lawfully require; and

(3)

Terminate such coverage in accordance with the provisions of (a) (2) above if approval of such policy is not secured within the time specified therein.
Upon written request from the insurer filed within 50 days after the date on which the coverage is provided or agreed to be provided and upon proof satisfactory to him that the insurer is acting with due diligence and that hardship will result unless an extension is granted, the commissioner may extend the time set forth in (b) (1) hereof for a period of not to exceed 30 days. Upon such extension, the insurer with the consent of the policyholder may amend the memorandum of insurance referred to in (a) (2) hereof to extend the time within which the policy must be issued and delivered to the policyholder to 30 days after the date to which the commissioner has extended the time within which a policy form must be submitted to him for approval and to extend the date for termination of coverage to 30 days thereafter.
Any policy submitted to the commissioner with a letter from the insurer stating that coverage has been provided in accordance with this section shall be automatically approved unless the commissioner disapproves the same within 30 days of the date of its submission to him.

Source: Section 10270.91, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=INS§ionNum=10270.­91.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 10270.91’s source at ca​.gov