(a)Disability insurance includes insurance appertaining to injury, disablement or death resulting to the insured from accidents, and appertaining to disablements resulting to the insured from sickness.
(b)In statutes that become effective on or after January 1, 2002, the term “health insurance” for purposes of this code shall mean an individual or group disability insurance policy that provides coverage for hospital, medical, or surgical benefits. The term “health insurance” shall not include any of the following kinds of insurance:
(1)Accidental death and accidental death and
dismemberment.
(2)Disability insurance, including hospital indemnity, accident only, and specified disease insurance that pays benefits on a fixed benefit, cash payment only basis.
(3)Credit disability, as defined in subdivision (2) of Section 779.2.
(4)Coverage issued as a supplement to liability insurance.
(5)Disability income, as defined in subdivision (c) of Section 799.01.
(6)Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(7)Insurance arising out of a workers’ compensation or similar law.
(8)Long-term care.
(c)In a statute that becomes effective on or after January 1, 2008, the term “specialized health insurance policy” as used in this code shall mean a policy of health insurance for covered benefits in a single specialized area of health care, including dental-only, vision-only, and behavioral health-only policies.
Notes of Decisions
Heighley v. J.C. Penney Life Ins., 257 F. Supp. 2d 1241 (C.D. Cal. 2003).
· cites it 2× “The Group Policy is subject to California Insurance Code section 106. Plaintiffs Genuine Issues, PI.”
Pac. Gas & Elec. Co. v. Superior Court, 2006 Cal. Daily Op. Serv. 9918 (Cal. Ct. App. 2006).
· cites it 2× “Further, this subsection shall not apply to disability and health insurance as defined in California Insurance Code Section 106.” (Cal.”
California Physicians' Serv. v. Garrison, 172 P.2d 4 (Cal. 1946).
“” (Ins. Code, § 106.) Under chapter 4 (§ 10272) of the Insurance Code, which deals with standard provisions in disability policies, “indemnity” is said to mean “benefits promised”; while in the Civil Code, section 2772, it is defined as “a contract by which one engages to save…”
Williams v. California Physicians' Serv., 99 Cal. Daily Op. Serv. 4160 (Cal. Ct. App. 1999).
“” Plaintiffs focus on the statute’s reference to “accidents” and “sickness,” ignoring the references to “insurance.” Plaintiffs cite nothing suggesting the Plan qualified as “insurance.”
Bornstein v. J.C. Penney Life Ins., 946 F. Supp. 814 (C.D. Cal. 1996).
“Cal. Ins.Code § 106 defines disability insurance as “insurance appertaining to injury, disablement or death resulting to the insured from accidents.”
Dep't of Emp. v. Indus. Accident Comm'n, 227 Cal. App. 2d 532 (Cal. Ct. App. 1964).
“10 Ins. Code, § 106, provides as follows: “Disability insurance includes insurance appertaining to injury, disablement or death resulting to the insured from accidents, and appertaining to disablements resulting to the insured from sickness.”
Mahlon D. v. Cigna Health & Life Ins. Co., 291 F. Supp. 3d 1029 (N.D. Cal. 2018).
· cites it 3× “" Cal. Ins. Code § 106 (a). And health insurance-unlike both life and disability insurance-is not a separate class of insurance listed in the Code.”
Bilezikjian v. Unum Life Ins. Co. of Am., 692 F. Supp. 2d 1203 (C.D. Cal. 2010).
“California Insurance Code § 106(a) states that ‘ '[disability insurance includes insurance appertaining to injury, disablement or death resulting to the insured from accidents, and appertaining to disablements resulting to the insured from sickness.”
Torres v. Unitedhealthcare Ins. Co. (9th Cir. 2025).
“” Cal. Ins. Code § 106 (emphasis added). Additional references to health insurance throughout the Code demonstrate that under California’s applicable law, health insurance is included within the umbrella category of “disability insurance.”
— Cal. Insurance Code § 106(a) — 1 case
Bilezikjian v. Unum Life Ins. Co. of Am., 692 F. Supp. 2d 1203 (C.D. Cal. 2010).
“California Insurance Code § 106(a) states that ‘ '[disability insurance includes insurance appertaining to injury, disablement or death resulting to the insured from accidents, and appertaining to disablements resulting to the insured from sickness.”
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