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Cal. Insurance Code § 1733 (2026)

✓ current as of May 2026
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All funds received by any person acting as a licensee under this chapter, Chapter 5A (commencing with Section 1759), Chapter 6 (commencing with Section 1760), or Chapter 7 (commencing with Section 1800), as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by that person in that person’s fiduciary capacity. A person who diverts or appropriates those fiduciary funds to that person’s own use is guilty of theft and punishable for theft as provided by law. Any premium that a premium financer agrees to advance pursuant to the terms of a premium finance agreement shall constitute fiduciary funds as defined in this section only if actually received by a person licensed in one or more of the capacities herein specified.

Notes of Decisions
Cited in 12 cases, 1967–2016 · leading case: M&F Fishing, Inc. v. Sea-Pac Ins. Managers, Inc., 202 Cal. App. 4th 1509 (Cal. Ct. App. 2012).
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M&F Fishing, Inc. v. Sea-Pac Ins. Managers, Inc., 202 Cal. App. 4th 1509 (Cal. Ct. App. 2012). · cites it 2× “Insurance Code section 1733 also does not apply to respondents’ UCL claim because this statute requires persons who receive funds “as premium or return premium on or under any policy of insurance or undertaking of bail” to hold them “in his or her fiduciary capacity” and states…”
Hydro-Mill Co. v. Hayward, Tilton & Rolapp Ins. Assocs., Inc., 2004 Cal. Daily Op. Serv. 1429 (Cal. Ct. App. 2004). “as premium or return premium on or under any policy of insurance ... are received and held by that person in his or her fiduciary capacity.”
Asurion Ins. Servs., Inc. v. Amp'd Mobile, Inc. (In Re Amp'd Mobile, Inc.), 377 B.R. 478 (Bankr. D. Del. 2007). · cites it 2× “” CAL. INS. CODE § 1733. Under California law, the Debtor was required to obtain a limited license to offer insurance to consumers for their communication devices.”
Mark Tanner Constr., Inc. v. HUB Int'l Ins. Servs., 79 Cal. Comp. Cases 271 (Cal. Ct. App. 2014). “(Ins. Code, § 1733.) In Eddy v. Sharp (1988) 199 Cal.”
People v. Dougherty, 138 Cal. App. 3d 278 (Cal. Ct. App. 1982). “* Appellant was convicted after court trial of 14 counts of theft of fiduciary funds and 9 counts of grand theft (Ins. Code, § 1733; Pen. Code, § 487, subd.”
Anserv Ins. Servs., Inc. v. Kelso, 99 Cal. Rptr. 2d 357 (Cal. Ct. App. 2000). “(Ins.Code, §§ 1733, 1734, subd. (b).) For purposes of this review, we may omit consideration of the commingling of funds issue, as it is not a dispositive issue.”
Sharp v. Essex Ins. (In re C.M. Meiers Co.), 527 B.R. 388 (Bankr. C.D. Cal. 2015). · cites it 3× “The Trustee contends that Essex owed a duty because the FAC alleged that the Rothmans committed errors and omissions in the course of their Professional Services as to their management and control of the CMM Insurance Trust Account, (the “Trust Account”), which CMM was required…”
Walter J. Warren Ins. Agency v. Surpur Timber Co., 250 Cal. App. 2d 99 (Cal. Ct. App. 1967). “Moreover, an insurance broker is authorized by the Insurance Code to act as an insurance agent in collecting and transmitting premiums.”
Kreidler v. Statewide Gen. Ins. Agency, Inc., 329 P.3d 928 (Wash. Ct. App. 2014). “See Cal. Ins. Code § 1733 (“All funds received by any person acting as a licensee under this chapter .”
People v. Hewitt, 53 Cal. App. 3d 759 (Cal. Ct. App. 1975). “Insurance Code, section 1733 provides; “All funds received by any person acting as an insurance agent, broker, or solicitor, life agent, life analyst, surplus line broker, special lines surplus line broker, motor club agent, or bail agent or solicitor, as premium or return…”
Anserv Ins. Servs., Inc. v. Kelso, 83 Cal. App. 4th 175 (Cal. Ct. App. 2000). “(Ins. Code, §§ 1733, 1734, subd. (b).) For purposes of this review, we may omit consideration of the commingling of funds issue, as it is not a dispositive issue.”
People v. Jackson CA4/1 (Cal. Ct. App. 2016). “(a); Ins. Code, § 1733; count 6). The court placed him on five years probation and committed him to the county sheriff for 365 days.”
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