California Insurance Code 1872.45 – A district attorney who files a criminal complaint pursuant to …
A district attorney who files a criminal complaint pursuant to Section 549 or 550 of the Penal Code shall promptly do all of the following:
(a) Notify each insurer affected by the acts that are the subject of the criminal complaint of the existence of the complaint and the names of all persons insured by the insurer who are the victims.
Terms Used In California Insurance Code 1872.45
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Insurer: includes the California FAIR Plan. See California Insurance Code 1875
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
(b) Notwithstanding any other provision of law, when an insurer receives notification pursuant to subdivision (a), and the insurer has increased the premiums of a person who is a victim because of a claim that is the subject of the criminal complaint, the insurer shall promptly rebate to that person the increased premiums that were charged to and paid by that person.
(c) Notify the Department of Motor Vehicles of the criminal complaint and the names of all persons who are the victims.
(d) Notify all the persons who are the victims in simple understandable language that a criminal complaint has been filed and that subdivision (b) of § 1806 of the Vehicle Code requires the Department of Motor Vehicles not to record the accident on the record of the victim.
(Added by Stats. 1999, Ch. 885, Sec. 4. Effective January 1, 2000.)