California Codes

Cal. Insurance Code § 791.13 (2026)

✓ current as of May 2026

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An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is:

(a)With the written authorization of the individual, and meets either of the conditions specified in paragraph (1) or (2):

(1)If the authorization is submitted by another insurance institution, agent, or insurance-support organization, the authorization meets the requirement of Section 791.06.

(2)If the authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is:

(A) Dated.

(B)Signed by the individual.

(C)Obtained one year or less prior to the date a disclosure is sought pursuant to this section.

(b)To a person other than an insurance institution, agent, or insurance-support organization, provided the disclosure is reasonably necessary:

(1)To enable the person to perform a business, professional, or insurance function for the disclosing insurance institution, agent, or insurance-support organization or insured and the person agrees not to disclose the information further without the individual’s written authorization unless the further disclosure:

(A)Would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or

(B)Is reasonably necessary for the person to perform its function for the disclosing insurance institution, agent, or insurance-support organization.

(2)To enable the person to provide information to the disclosing insurance institution, agent or insurance-support organization for the purpose of:

(A)Determining an individual’s eligibility for an insurance benefit or payment; or

(B)Detecting or preventing criminal activity, fraud, material misrepresentation or material nondisclosure in connection with an insurance transaction.

(c)To an insurance institution, agent, insurance-support organization or self-insurer, provided the information disclosed is limited to that which is reasonably necessary under either paragraph (1) or (2):

(1)To detect or prevent criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with insurance transactions; or

(2)For either the disclosing or receiving insurance institution, agent, or insurance-support organization to perform its function in connection with an insurance transaction involving the individual.

(d)To a medical-care institution or medical professional for the purpose of any of the following:

(1)Verifying insurance coverage or benefits.

(2)Informing an individual of a medical problem of which the individual may not be aware.

(3)Conducting operations or services audit, provided the only information disclosed is reasonably necessary to accomplish the foregoing purposes.

(e)To an insurance regulatory authority; or

(f)To a law enforcement or other governmental authority pursuant to law.

(g)Otherwise permitted or required by law.

(h)In response to a facially valid administrative or judicial order, including a search warrant or subpoena.

(i)Made for the purpose of conducting actuarial or research studies, provided:

(1)No individual may be identified in any actuarial or research report.

(2)Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed.

(3)The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization.

(j)To a party or a representative of a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the insurance institution, agent, or insurance-support organization, provided:

(1)Prior to the consummation of the sale, transfer, merger, or consolidation the only information disclosed is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation.

(2)The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization.

(k)To a person whose only use of the information will be in connection with the marketing of a product or service, provided:

(1)No medical-record information, privileged information, or personal information relating to an individual’s character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed; or

(2)The individual has been given an opportunity to indicate that the individual does not want personal information disclosed for marketing purposes and has given no indication that the individual does not want the information disclosed; and

(3)The person receiving the information agrees not to use it except in connection with the marketing of a product or service.

(l)To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons.

(m)By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent.

(n)To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution’s or agent’s operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit.

(o)To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional.

(p)To a governmental authority for the purpose of determining the individual’s eligibility for health benefits for which the governmental authority may be liable.

(q)To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction.

(r)To a lienholder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as having a legal or beneficial interest in a policy of insurance. The information disclosed shall be limited to that which is reasonably necessary to permit the person to protect that person’s interest in the policy and shall be consistent with Article 5.5 (commencing with Section 770).

(s)To an insured or the insured’s lawyer when the information disclosed is from an accident report, supplemental report, investigative report, or the actual report from a government agency or is a copy of an accident report or other report that the insured is entitled to obtain under Section 20012 of the Vehicle Code or Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1990–2025 · leading case: Strawn v. Morris Polich & Purdy, LLP, 242 Cal. Rptr. 3d 216 (Cal. Ct. App. 5th 2019).

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Strawn v. Morris Polich & Purdy, LLP, 242 Cal. Rptr. 3d 216 (Cal. Ct. App. 5th 2019). “That Wood sent the tax returns only to his client and its forensic accountants-the entities involved in investigating and processing appellants' insurance claim, both of which were prohibited from further disclosing the information except as specified by statute ( Ins.”

Boicourt v. Amex Assurance Co., 2000 Cal. Daily Op. Serv. 2051 (Cal. Ct. App. 2000). · cites it 2× “(Ins. Code, § 791.13; see generally Griffith v.”

Griffith v. State Farm Mut. Auto. Ins., 91 Cal. Daily Op. Serv. 3565 (Cal. Ct. App. 1991). · cites it 4× “) Further, Insurer acknowledges that had its insureds given authorization to release the information (Ins. Code, § 791.13, subd. (a)), Insurer would have done so.”

Pettus v. Cole, 61 Cal. Comp. Cases 975 (Cal. Ct. App. 1996). “(Ins. Code, § 791.13.) Du Pont the insurer cannot permissibly fully disclose to Du Pont the employer unless it has obtained a signed, dated authorization form from Pettus specifying, among other things, the persons authorized to receive the information and the nature of the…”

Puerto v. Superior Court, 70 Cal. Rptr. 3d 701 (Cal. Ct. App. 2008). “Code, § 791 et seq.) requires a written authorization before an insurance company may disclose personal information about an individual collected or received in connection with an insurance transaction.”

Cook v. Yellow Freight Sys., Inc., 132 F.R.D. 548 (E.D. Cal. 1990). “” Indeed, the court is of the view that an uncontested and unwarranted disclosure of such information may expose the party who releases such information without a court order to potential liability.”

Madrigal v. Allstate Ins. Co., 215 F. Supp. 3d 870 (C.D. Cal. 2016). “Instead, Shade Foods lends authority to the proposition that, depending on the factual context, at least some negotiation concerning the precise terms and scope of a settlement offer is an accepted practice in the insurance industry.”

Irvington-Moore, Inc. v. Superior Court, 93 Cal. Daily Op. Serv. 2235 (Cal. Ct. App. 1993). “” (Ins. Code, § 791.13, subds. (g), (h).) Defendants point to Insurance Code section 11581, which provides: “Upon any proceeding supplementary to execution, such judgment debtor *742 may be required to exhibit any policy carried by him, insuring him against the liability for the…”

Ricotta v. Allstate Ins., 211 F.R.D. 622 (S.D. Cal. 2002). “Allstate also objects to this request on the grounds and to the extent that it violates the right to privacy of Allstate’s policy holders set forth in California Insurance Code § 791.13, Cal. Const.”

Zhiwei Chen v. Allstate Northbrook Indem. Co. (C.D. Cal. 2024). · cites it 2× “Specifically, California Insurance Code §791.13 allows an insurer to report personal and privileged information to an “insurance-support organization”3 when necessary “to perform its function in connection with an insurance transaction involving an individual.”

Strawn v. Morris, Polich & Purdy (Cal. Ct. App. 2019). “11 disclosing the information except as specified by statute (Ins. Code, § 791.13)—also misses the point.”

rePlanet Holdings, Inc. v. Fed. Ins. Co. (E.D. Cal. 2019). “See Cal. Ins. Code § 791.13 . Thus, the Court will also deny 2 Plaintiff’s motion to compel as to requests for production 3, 4, and 5.”

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