Cal. Codes » Insurance Code / DIVISION 1. GENERAL RULES GOVERNING INSURANCE / PART 2. THE BUSINESS OF INSURANCE / CHAPTER 1. General Regulations / ARTICLE 6.5. Unfair Practices
California Codes

Cal. Insurance Code § 790.09 (2026)

✓ current as of May 2026
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No order to cease and desist issued under this article directed to any person or subsequent administrative or judicial proceeding to enforce the same shall in any way relieve or absolve such person from any administrative action against the license or certificate of such person, civil liability or criminal penalty under the laws of this State arising out of the methods, acts or practices found unfair or deceptive.

Notes of Decisions
Cited in 8 cases, 1973–2018 · leading case: Scroggins v. Allstate Ins. Co., 393 N.E.2d 718 (Ill. App. Ct. 1979).
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Scroggins v. Allstate Ins. Co., 393 N.E.2d 718 (Ill. App. Ct. 1979). “” (Cal. Ins. Code Ann. §790.09 (West 1972).) The Royal Globe court stressed the fact that the word “other” had originally preceded the phrase “laws of this State,” but had been eliminated, thus opening the door to the possibility of civil liability under the Act itself.”
Hangarter v. Paul Revere Life Ins., 236 F. Supp. 2d 1069 (N.D. Cal. 2002). “Cal. Insurance Code § 790.09 Consequently, in accordance with the court’s reasoning in Stop Youth Addiction, civil liability is expressly reserved in the insurance statute which Plaintiff claims Defendants have violated, and a private cause of action is available to her under §…”
Kentucky Cent. Life Ins. v. LeDuc, 814 F. Supp. 832 (N.D. Cal. 1992). · cites it 2× “09 states, in pertinent part: No order to cease and desist issued under this article directed to any person or subsequent administrative or judicial proceeding to enforce the same shall in any way relieve or absolve such person from any .”
Tweet v. Webster, 614 F. Supp. 1190 (D. Nev. 1985). · cites it 2× “However, nowhere in Title 57, NRS, is there a provision analogous to Cal.Ins.Code § 790.09. NRS 679A.180 contains no reference to the existence of “civil liability,” the words which were the basis of the California court’s decision holding that a private cause of action existed…”
Greenberg v. Equitable Life Assurance Soc'y of United States, 34 Cal. App. 3d 994 (Cal. Ct. App. 1973). “03, Insurance Code section 790.09 states in pertinent part: “No order to cease and desist issued under this article directed to any person or subsequent administrative or judicial proceeding to enforce the *1001 same shall in any way relieve or absolve such person from any .”
Shernoff v. Superior Court, 44 Cal. App. 3d 406 (Cal. Ct. App. 1975). “03, Insurance Code section 790.09 states in pertinent part: ‘No order to cease and desist issued under this article directed to any person or subsequent administrative or judicial proceeding to enforce the same shall in any way relieve or absolve such person from any .”
Farmer's Union Cent. Exch., Inc. v. Reliance Ins., 675 F. Supp. 1534 (D.N.D. 1987). “Cal. Ins.Code § 790.09 (West 1979 Supp.).”
Vasquez v. Solo 1 Kustoms, Inc. (Cal. Ct. App. 2018). “” (Ins. Code, § 790.09.) The high court agreed that, if “the Legislature truly had intended to grant third party claimants a private cause of action .”
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