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Article #1720

Re: No Fault Insurance Never Goes Away

#1720
From: Galen Hunter
Date: Wed, 28 Feb 1996 00:00
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In <RLM.96Feb27074446@netcom9.netcom.com> rlm@netcom.com (Robert
McMillin) writes: 
>
>On 25 Feb 1996 22:02:06 PDT, gvhunter@ix.netcom.com(Galen Hunter )
said:
>
>> Per Prop. 103, there are three types of accidents classifications
now
>> (and probably the same if under "no-fault"):
>
>> 1. Not-at Fault
>> 2. At-fault, no bodily injury, property damage only
>> 3. At-fault with bodily injury
>
>> See my web page for more details on accident classifications:
>> http://www.hntr.com/paradigm/autoaccd.html
>> (Let me know if you want me to add anything to it.)
>
>> The difference between California now (or under no-fault) and
>> Massachusetts then (your example) is - per Prop.103 an insurance
>> company cannot non-renew you just for one at-fault (No BI) accident.
>
>> This can start getting detailed. I'll leave it here for now.
>
>Where in the CVC (if that's where this law is) can we find this?

Thanks for asking!

It's in the California Insurance Code.

Section 1861.02

b. Every driver who meets the criteria of Section 1861.025 shall be
qualified to purchase a Good Driver Discount policy from the insurer of
his or her choice.  An insurer shall not refuse to offer and sell a
Good Driver policy to any person who meets the standards of this
subdivision.

Section 1861.025

A person is qualified to purchase a Good Driver Discount policy if he
of she meets all of the following critieria:
--b. ....has not done any of the following...1. Had more than one
violation point count ....the driver of a motor vehicle involved in an
accident for which he or she was principally at fault which resulted
only in damage to property shall receive one violation point ....

Section 1861.03

--c. .....a notice of cancellation or nonrenewal of a policy for
automobile insurance shall be effective only if it is based on one or
more of the following reasons: a. nonpayment; b. fraud or material
misrepresentation affecting the policy or insured; c. a substantial
increase in the hazard insured against.

To summarize: An preferred (good driver discount) insurance company can
only nonrenew you for claims activity - if the activity results in you
losing your "good driver" status.  One at-fault (no BI) accident by
itself (within a three year period) won't do it. But, one at-fault (no
BI) along with a ticket or another at-fault accident - could get you
nonrenewed as a substantial increase in the hazard insured against.

The point here is that, according to my very limited reading of the
current "no-fault" proposal, under no-fault, there would be no changes
in the California Insurance Code pertaining to the conditions under
which a "good driver" could be nonrenewed.

If anybody has better information on this, please let me know.

Galen Hunter
http://www.hntr.com/paradigm/
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From: gvhunter@ix.netcom.com(Galen Hunter )
Subject: Re: No Fault Insurance Never Goes Away
Date: 1996/02/28
Message-ID: <4h0pn3$nqn@cloner4.netcom.com>
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