Wherever applicable, the following records shall be
maintained by every agent or broker or surplus lines broker or special lines'
surplus lines broker with respect to each and every insurance transaction for
at least five years after expiration or cancellation date of the policy to
which the records pertain:
(a) Name of
insured,
(b) Name of
insurer,
(c) Policy
number,
(d) Effective date,
termination date and mid-term cancellation date of coverage,
(e) Amount of gross premium,
(f) Amount of net premium,
(g) Amount of commission and basis on which
computed,
(h) Names of persons who
receive, or are promised, any commissions or other valuable consideration
related to the transaction,
(i)
Amount of premium received including itemization of any partial payments or
additional premium,
(j) Date
premium received by agent or broker,
(k) Date deposited in bank account or bank
depository into which premiums are deposited or maintained in accord with
Section
1733 of the
Insurance Code, including but not limited to trustee accounts maintained
pursuant to Section
1734 of the
Insurance Code,
(l) Name and
address of bank and number of account in which premium is deposited or
maintained in accord with Section
1733 of the
Insurance Code, including but not limited to trustee accounts maintained
pursuant to Section
1734 of the
Insurance Code,
(m) Date premium
paid by agent or broker to the person entitled thereto and identification of
the means of transmittal,
(n)
Amount of net and gross return premium,
(o) Date return premium is received from
insurer by agent or broker which may be the date the credit is taken from the
insurer or the date the check or draft is received,
(p) Date gross return premium is remitted to
person entitled thereto by agent or broker and identification of means of
transmittal, and
(q) Any documents
required to be maintained pursuant to Section
2695.182 or subdivision (i) of
Section
2695.183.
Notes
Cal. Code
Regs. Tit. 10, §
2190.2
1. Amendment
filed 6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
Amendment of first paragraph, amendment of subsections (k) and (l) and new NOTE
filed 8-28-98; operative 9-27-98 (Register 98, No. 35).
3. Amendment
of subsections (o) and (p) and new subsection (q) filed 12-29-2010; operative
6-27-2011 pursuant to Government Code section
11343.4(b)
(Register 2010, No. 53).
Note: Authority cited: Sections
1727,
1763 and
1768,
Insurance Code. Reference: Sections
1727,
1733,
1734,
1763 and
1768,
Insurance Code.
1. Amendment filed
6-27-78; designated effective 9-1-78 (Register 78, No. 26).
2.
Amendment of first paragraph, amendment of subsections (k) and (l) and new Note
filed 8-28-98; operative 9-27-98 (Register 98, No. 35).
3.
Amendment of subsections (o) and (p) and new subsection (q) filed 12-29-2010;
operative 6-27-2011 pursuant to Government Code section
11343.4(b)
(Register 2010, No. 53).