Cal. Code Regs. Tit. 10, § 2695.6 - Training and Certification
(a) Every insurer shall adopt and communicate
to all its claims agents written standards for the prompt investigation and
processing of claims, and shall do so within ninety (90) days after the
effective date of these regulations or any revisions thereto.
(b) All licensees shall provide thorough and
adequate training regarding the regulations to all their claims agents.
Licensees shall certify that their claims agents have been trained regarding
these regulations and any revisions thereto. However, licensees need not
provide such training or certification to duly licensed attorneys.
A licensee shall demonstrate compliance with this subsection by the following methods:
(1) where the licensee is an individual, the
licensee shall annually certify in writing under penalty of perjury that the
licensee has read and understands the regulations and any and all amendments
thereto;
(2) where the licensee is
an entity, the annual written certification shall be executed, under penalty of
perjury, by a principal of the entity as follows:
(A) that the licensee's claims adjusting
manual contains a copy of these regulations and all amendments thereto;
and,
(B) that clear written
instructions regarding the procedures to be followed to effect proper
compliance with this subchapter were provided to all its claims
agents;
(3) where the
licensee retains insurance adjusters as defined in California Insurance Code
Section
14021, the
licensee must provide training to the insurance adjusters regarding these
regulations and annually certify, in a declaration executed under penalty of
perjury, that such training is provided. Alternately, the insurance adjuster
may annually certify in writing, under penalty of perjury, that the insurance
adjuster has read and understands these regulations and all amendments thereto
or has successfully completed a training seminar which explains these
regulations;
(4) a copy of the
certification required by subsections
2695.6(b)(1), (2) or
(3) shall be maintained at all times at the
principal place of business of the licensee, to be provided to the Commissioner
only upon request.
(5) the annual
certification required by this subsection shall be completed on or before
September 1 of each calendar year.
Notes
2. Amendment of section heading and section filed 1-10-97; operative 5-10-97 (Register 97, No. 2).
3. Amendment of subsection (b)(3) filed 4-24-2003; operative 7-23-2003 (Register 2003, No. 17).
4. Change without regulatory effect amending subsections (b)(1) and (b)(3) 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.
Note: Authority cited: Sections 790.10, 12340-12417, inclusive, 12921 and 12926, Insurance Code; and Sections 11342.2 and 11152, Government Code. Reference: Section 790.03(h)(3), Insurance Code.
2. Amendment of section heading and section filed 1-10-97; operative 5-10-97 (Register 97, No. 2).
3. Amendment of subsection (b)(3) filed 4-24-2003; operative 7-23-2003 (Register 2003, No. 17).
4. Change without regulatory effect amending subsections (b)(1) and (b)(3) 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.
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