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General Guidance in Reading the California Insurance Code

All insurance in this State is governed by the provisions of this Code

By Chris Micheli, June 24, 2022 6:33 am

California’s statutes are contained in 29 separate codes. The sixteenth alphabetically is the Insurance Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Insurance Code:

Section 1 – This Act is known as the Insurance Code.

Section 2 – The provisions of this Code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter are to be construed as restatements and continuations, and not as new enactments.

Section 5 – Unless the context otherwise requires, the general provisions set forth govern the construction of this Code.

Section 6 – Division, part, chapter, article, and section headings contained herein are not to be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section.

Section 7 – Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided.

Section 8 – Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it must be made in writing in the English language unless it is otherwise expressly provided.

Section 9 – Whenever any reference is made to any portion of this Code or of any other law of this State, the reference applies to all amendments and additions now or later made.

Section 11 – The present tense includes the past and future tenses; and the future tense includes the present.

Section 12 – The masculine gender includes the feminine and neuter.

Section 12.2 – The term “spouse” includes “registered domestic partner.”

Section 13 – The singular number includes the plural, and the plural the singular.

Section 14 – As used in this Code, the word “shall” is mandatory and the word “may” is permissive, unless otherwise apparent from the context.

Section 17 – The term “oath includes affirmation.

Section 39 – If any provision of this Code, or the application of it to any person or circumstance, is held invalid, the remainder of the Code, or the application of such provision to other persons or circumstances, is not be affected.

Section 41 – All insurance in this State is governed by the provisions of this Code.

Section 46 – The Legislature hereby declares its intent that the term “workmen’s compensation” should also be known as “workers’ compensation.” In furtherance of this policy it is the desire of the Legislature that references to the term “workmen’s compensation” in this Code be changed to “workers’ compensation” when the Code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.

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