Cal. Code Regs. Tit. 22, § 58055 - Issuer's Liability
Issuers of Partnership Policies or Certificates approved by the California Partnership for Long-Term Care shall be held liable for intentional or fraudulent material misrepresentation made by any agent, broker, solicitor, or Issuer representative regarding any feature or benefit of a Partnership Policy or Certificate that causes financial harm to the Policy or Certificate holder. In addition to any other applicable requirements of California Insurance Code, the Issuer shall be liable for the difference between the benefit promised by the agent, broker, solicitor, or other Issuer representative and the actual benefit provided under the Policy or Certificate. The liability of Issuers shall not diminish or otherwise mitigate the statutory obligations and liabilities of licensed agents and brokers, solicitors, or other Issuer representatives.
Notes
2. Certificate of Compliance as to 8-30-93 order, including amendment of section, transmitted to OAL 12-30-93 and filed 1-28-94 (Register 94, No. 4).
3. Amendment filed 10-1-98 as an emergency; operative 10-1-98. Submitted to OAL for printing only pursuant to Welfare and Institutions Code section 22009(d) (Register 98, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-29-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-1-98 order transmitted to OAL 1-28-99 and filed 3-15-99 (Register 99, No. 12).
Note: Authority cited: Section 22009(a), Welfare and Institutions Code. Reference: Sections 22001, 22003, 22004, 22005 and 22006, Welfare and Institutions Code.
2. Certificate of Compliance as to 8-30-93 order, including amendment of section, transmitted to OAL 12-30-93 and filed 1-28-94 (Register 94, No. 4).
3. Amendment filed 10-1-98 as an emergency; operative 10-1-98. Submitted to OAL for printing only pursuant to Welfare and Institutions Code section 22009(d) (Register 98, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-29-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-1-98 order transmitted to OAL 1-28-99 and filed 3-15-99 (Register 99, No. 12).
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