California’s insurance laws are uniquely consumer-friendly, according to many experts. A lot of that is thanks to Proposition 103, which was approved by voters in 1988 and immediately required insurers to roll back prices 20%. Proposition 103 also mandated that auto insurance rates be preapproved by the state’s department of insurance, among other regulations. Many of the laws detailed below are from Proposition 103, but not all.
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Adjusting liability insurance claims is particularly difficult because there is a third party involved, the plaintiff, who is under no contractual obligation to cooperate with the insurer and may in fact regard the insurer as a deep pocket. The adjuster must obtain legal counsel for the insured (either inside "house" counsel or outside "panel" counsel), monitor litigation that may take years to complete, and appear in person or over the telephone with settlement authority at a mandatory settlement conference when requested by the judge.
To "indemnify" means to make whole again, or to be reinstated to the position that one was in, to the extent possible, prior to the happening of a specified event or peril. Accordingly, life insurance is generally not considered to be indemnity insurance, but rather "contingent" insurance (i.e., a claim arises on the occurrence of a specified event). There are generally three types of insurance contracts that seek to indemnify an insured: