(a)An individual life insurance policy shall not be issued or delivered in this state until the applicant has been given the right to designate at least one person, in addition to the applicant, to receive notice of lapse or termination of a policy for nonpayment of premium. The insurer shall provide each applicant with a form to make the designation. That form shall provide the opportunity for the applicant to submit the name, address, and telephone number of at least one person, in addition to the applicant, who is to receive notice of lapse or termination of the policy for nonpayment of premium.
(b)The insurer shall notify the
policy owner annually of the right to change the written designation or designate one or more persons. The policy owner may change the designation more often if he or she chooses to do so.
(c)No individual life insurance policy shall lapse or be terminated for nonpayment of premium unless the insurer, at least 30 days prior to the effective date of the lapse or termination, gives notice to the policy owner and to the person or persons designated pursuant to subdivision (a), at the address provided by the policy owner for purposes of receiving notice of lapse or termination. Notice shall be given by first-class United States mail within 30 days after a premium is due and unpaid.
Notes of Decisions
Barbara Linhart v. New York Life Ins. Co. (C.D. Cal. 2024).
· cites it 10× “Cal. Ins. Code § 10113.72 (a) An individual life insurance policy shall not be issued or delivered in this state until the applicant has been given the right to designate at least one person, in addition to the applicant, to receive notice of lapse or termination of a policy for…”
Clark v. Transamerica Life Ins. Co. (E.D. Cal. 2020).
· cites it 4× “See Cal. Ins. Code § 10113.72 . Plaintiff alleges 10 Defendant refused to comply with these mandatory provisions of 11 the California Insurance Code and, in so doing, is in breach of 12 contract, has engaged in unfair competition, and has committed 13 financial elder abuse.”
Nieves v. United of Omaha Life Ins. Co. (S.D. Cal. 2022).
· cites it 2× “) According to Plaintiff, after issuance of the Policy in 3 2016, she was never advised of her right to designate a second addressee on an annual basis 4 in violation of Cal. Ins. Code § 10113.72 (b). (Id. ¶ 75.”
Sheryl Clark v. Transamerica Life Ins. Co (9th Cir. 2023).
“In light of our conclusion, we do not reach the separate question whether the Policy is an individual or group policy under Cal. Ins. Code § 10113.72 . 4”
Pham v. Lincoln Benefit Life Co. (E.D. Cal. 2023).
“5th at 240; see Cal. Ins. Code § 10113.72 (c). Similarly, a notice 5 of a lapse and termination for nonpayment of premium is not “effective unless mailed by the 6 insurer to the named policy owner, a designee .”
Grundstrom v. Wilco Life Ins. Co. (N.D. Cal. 2023).
“In particular, the Court finds unpersuasive Wilco’s 13 argument that Grundstrom has failed to show a triable issue as to causation, namely, that 14 “any failure of Wilco to provide [the insured] written notice of the annual right to 15 designate,” see Cal. Ins. Code § 10113.72 ,…”
Grundstrom v. Wilco Life Ins. Co. (N.D. Cal. 2023).
“26 Ins. Code § 10113.72(a) (West). 27 3 In referencing page numbers in the parties’ filings, the Court has used herein the 1 DISCUSSION 2 On October 17, 2023, Wilco filed the instant motion to stay proceedings pending 3 resolution of two cases before the Ninth Circuit: Farley v.”
— Cal. Insurance Code § 10113.72(a) — 1 case
Grundstrom v. Wilco Life Ins. Co. (N.D. Cal. 2023).
“26 Ins. Code § 10113.72(a) (West). 27 3 In referencing page numbers in the parties’ filings, the Court has used herein the 1 DISCUSSION 2 On October 17, 2023, Wilco filed the instant motion to stay proceedings pending 3 resolution of two cases before the Ninth Circuit: Farley v.”
— Cal. Insurance Code § 10113.72(b) — 2 cases
Barbara Linhart v. New York Life Ins. Co. (C.D. Cal. 2024).
“Cal. Ins. Code § 10113.72 (a) An individual life insurance policy shall not be issued or delivered in this state until the applicant has been given the right to designate at least one person, in addition to the applicant, to receive notice of lapse or termination of a policy for…”
— Cal. Insurance Code § 10113.72(c) — 1 case
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