Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 2. THE BUSINESS OF INSURANCE / CHAPTER 5. Production Agencies / ARTICLE 3. Licensing
California Codes

Cal. Insurance Code § 1631 (2026)

Licensing

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Unless exempt by the provisions of this article, a person shall not solicit, negotiate, or effect contracts of insurance, or act in any of the capacities defined in Article 1 (commencing with Section 1621) unless the person holds a valid license from the commissioner authorizing the person to act in that capacity. The issuance of a certificate of authority to an insurer does not exempt an insurer from complying with this article.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 1990–2024 · leading case: Jerald Friedman v. Aarp, Inc., 855 F.3d 1047 (9th Cir. 2017).
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Jerald Friedman v. Aarp, Inc., 855 F.3d 1047 (9th Cir. 2017). · cites it 2× “See Cal. Ins. Code § 1631 (providing that persons subject to the California Insurance Code “shall not solicit, negotiate, or effect contracts of insurance” without a license).”
Wayne v. Staples, Inc., 135 Cal. App. 4th 466 (Cal. Ct. App. 2006). · cites it 2× “, Ins.Code, §§ 1631 ["Unless exempt by the provisions of this article, a person shall not solicit, negotiate, or effect contracts of insurance .”
People ex rel. Lockyer v. Fremont Life Ins., 104 Cal. App. 4th 508 (Cal. Ct. App. 2002). “Licensing is by the Department of Insurance [(Ins. Code, § 1631)]. Only ‘life agents’ are authorized to transact life insurance business, including annuity business.”
Krumme v. Mercury Ins., 123 Cal. App. 4th 924 (Cal. Ct. App. 2004). “(Ins. Code, § 1631.) In addition to possessing a license, an insurance agent must be authorized by an insurance carrier to transact insurance business on the carrier’s behalf.”
Am. Way Cellular, Inc. v. Travelers Prop. Cas. Co., 216 Cal. App. 4th 1040 (Cal. Ct. App. 2013). “[B]rokers and insureds are ordinarily involved in what can be viewed as a series of discrete transactions, while agents and insureds tend to be under some duty to each other during the entire length of the relationship.’ [Citations.]” (Id.”
Stevens v. Superior Court, 75 Cal. App. 4th 594 (Cal. Ct. App. 1999). “In its minute orders reflecting the rulings, the court stated its “conclu[sion] that the Legislature did not intend to allow an action seeking disgorgement for breach of the statute (Insurance Code Section 1631). Furthermore, the Court conclude[d] that no unfair business…”
Dias v. Nationwide Life Ins., 700 F. Supp. 2d 1204 (E.D. Cal. 2010). “” Nationwide is also responsible for Pena’s conduct because it placed him in a position to commit the fraud.”
Asurion Ins. Servs., Inc. v. Amp'd Mobile, Inc. (In Re Amp'd Mobile, Inc.), 377 B.R. 478 (Bankr. D. Del. 2007). “See Cal. Ins. Code § 1631 ("[A] person shall not solicit, negotiate, or effect contracts of insurance .”
Multifamily Captive Grp., LLC v. Assurance Risk Managers, Inc., 629 F. Supp. 2d 1135 (E.D. Cal. 2009). “(UF ¶ 54; Cal. Ins.Code § 1631 (“[A] person shall not solicit, negotiate, or effect contracts of insurance .”
Loehr v. Great Repub. Ins., 226 Cal. App. 3d 727 (Cal. Ct. App. 1990). “(Ins. Code, § 1631.) *733 In addition to possessing a license, an insurance agent must be authorized by an insurance carrier to transact insurance business on the carrier’s behalf.”
Multifamily Captive Grp., LLC v. Assurance Risk Managers, Inc., 578 F. Supp. 2d 1242 (E.D. Cal. 2008). · cites it 2× “Pursuant to California Insurance Code section 1631, “a person shall not solicit, negotiate, or effect contracts of insurance .”
Rodriquez v. RWA Trucking Co., 238 Cal. App. 4th 1375 (Cal. Ct. App. 2013). ““Transacting” Insurance Under California Law Insurance Code section 1631 provides that unless exempt by the provisions of this article, a person “shall not solicit, negotiate, or effect contracts of insurance, or act in any of the capacities defined in Article 1 (commencing with…”
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