California Insurance Code

§ 2085

INS § 2085 Effective Jan 1, 2018Div. 2 · Part 1 · Ch. 2 · Art. 3

Statute text

(a)(1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owner’s legal representative is unable to identify the insurer of the owner’s property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owner’s legal representative, electronically provide the property owner’s name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners’ insurance policies subject to Section 2071.

(2)The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owner’s legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioner’s or an insurer’s authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.

(3)Communication between a property owner or owner’s legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.

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Legislative history

Added by Stats. 2017, Ch. 361, Sec. 1. (SB 569) Effective January 1, 2018.