Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 2. THE BUSINESS OF INSURANCE / CHAPTER 1. General Regulations / ARTICLE 14. Proceedings in Cases of Insolvency and Delinquency
California Codes

Cal. Insurance Code § 1057 (2026)

✓ current as of May 2026
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In all proceedings under this article, the commissioner shall be deemed to be a trustee for the benefit of all creditors and other persons interested in the estate of the person against whom the proceedings are pending.

Notes of Decisions
Cited in 8 cases, 1943–2005 · leading case: State v. Altus Fin., S.A., 116 P.3d 1175 (Cal. 2005).
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State v. Altus Fin., S.A., 116 P.3d 1175 (Cal. 2005). · cites it 2× “) After acquiring title to the insolvent insurer’s assets, the Commissioner’s role is as “a trustee for the benefit of all creditors and other persons interested in the estate of the person against whom the proceedings are pending.”
Caminetti v. Pac. Mut. Life Ins. Co. of Cal., 139 P.2d 908 (Cal. 1943). “It has been held that the commissioner acts “as an officer of the state in the public interest” regardless of the fact that his “duties ... as conservator are in the nature of those of a receiver or trustee.”
Dep't of Indus. Relations v. UI Video Stores, Inc., 97 Cal. Daily Op. Serv. 4586 (Cal. Ct. App. 1997). “For example, the Insurance Commissioner is “deemed to be a trustee for the benefit of all creditors and other persons interested in the estate of [an insolvent insurance carrier].”
Am. Re-Ins. Co. v. Ins. COM'N, ETC., 527 F. Supp. 444 (C.D. Cal. 1981). “For example, Cal.Ins.Code § 1057 provides: In all proceedings under this article, the commissioner shall be deemed to be a trustee for the benefit of all creditors and other persons interested in the estate of the person against whom the proceedings are pending.”
Mcconnell v. All-coverage Ins. Exch. Auto. & Fire, 229 Cal. App. 2d 735 (Cal. Ct. App. 1964). “Laws, 1931, Act 3739, §§ 6 and 10; Ins. Code, § 1057.) . . . “As far as the question here presented is concerned [the jurisdiction of the court to grant attorneys’ fees in a conservatorship proceeding] it makes little difference whether the proceeding was governed by the new law…”
California ex rel. Rono, LLC v. Altus Fin. S.A., 344 F.3d 920 (9th Cir. 2003). “Further, while it is clear that the Commissioner’s role in the insolvency is that of a trustee, see Cal. Ins.Code § 1057, the “state funds” question in this case arises under the CFCA, which defines “state funds” in a somewhat sui generis manner.”
Garamendi v. Ryles, 420 S.E.2d 633 (Ga. Ct. App. 1992). “) Cal. Ins. Code § 1057 . Although California law does provide a preference for claims for certain expenses and taxes, all other claims, including those of Georgia creditors, are given the same priority.”
Grady v. Pac. Mut. Life Ins., 394 P.2d 730 (Cal. 1964). “It was unequivocally the Controller’s position that all claimants, whether known or unknown as to whereabouts, were entitled to interest from July 22, 1936 at seven percent per annum until date of payment.”
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