Cal. Code Regs. tit. 10 § 2050.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2050.1 - Purpose

California Insurance Code Section 1724.5 provides that the Commissioner may, in writing, disapprove the use of any true or fictitious name (other than the bona fide natural name of an individual) by any licensee on any of the following grounds:

(a) Such name is an interference with or is too similar to a name already filed and in use by another licensee;
(b) The use of the name may mislead the public in any respect;
(c) The name states or implies that the licensee is an insurer, motor club, hospital service plan or entitled to engage in insurance activities not permitted under licenses held or applied for;
(d) The name states or implies that the licensee is an underwriter. This subdivision shall not prevent natural persons who are life licensees from describing themselves as an "underwriter" or from using the designation "Chartered Life Underwriter" if entitled thereto nor shall it prevent a natural person who is a fire and casualty licensee from using the designation "Chartered Property and Casualty Underwriter" entitled hereto nor a producers trade association each member of which is also separately licensed from having a name containing the word underwriter; or
(e) The licensee has already filed and not discontinued the use of more than two names including the true name. This subdivision shall not prevent a licensee who has lawfully purchased or succeeded to the business or businesses of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by the licensee's predecessors in the conduct of such businesses.

The purpose of these regulations is to promulgate the criteria whereby the Commissioner disapproves an application for name approval filed by or on behalf of an applicant or licensed producer and to set forth the Commissioner's interpretation of the terms and provisions appearing in subsections (a), (b), (c), (d), and (e) of Section 1724.5 of the Insurance Code, and to specify a list of words or phrases that shall serve as the grounds for disapproval if used (or in some cases if used improperly) in a producer's name. The list of such words and phrases appearing in these regulations is representative only and is intended to serve as a standard or guideline and shall not be construed as the only words or phrases which when used, or when used improperly, would be misleading or would have the capacity or tendency to mislead the public in any respect. Subsections (d) and (e) of Section 2052.4 of these regulations will be amended from time to time as conditions warrant the revision of the list of objectionable words and phrases.

Cal. Code Regs. Tit. 10, § 2050.1

1. Change without regulatory effect amending subsections (d) and (e) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
1. Change without regulatory effect amending subsections (d) and (e) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.