2009 California Insurance Code - Section 530-533.7 :: Article 2. Causes Of Loss

INSURANCE CODE
SECTION 530-533.7

530.  An insurer is liable for a loss of which a peril insured
against was the proximate cause, although a peril not contemplated by
the contract may have been a remote cause of the loss; but he is not
liable for a loss of which the peril insured against was only a
remote cause.

531.  An insurer is liable:
   (a) Where the thing insured is rescued from a peril insured
against, and which would otherwise have caused a loss, if, in the
course of such rescue, the thing is exposed to a peril not insured
against, and which permanently deprives the insured of its
possession, in whole or in part.
   (b) If a loss is caused by efforts to rescue the thing insured
from a peril insured against.

532.  If a peril is specially excepted in a contract of insurance
and there is a loss which would not have occurred but for such peril,
such loss is thereby excepted even though the immediate cause of the
loss was a peril which was not excepted.

533.  An insurer is not liable for a loss caused by the wilful act
of the insured; but he is not exonerated by the negligence of the
insured, or of the insured's agents or others.

533.5.  (a) No policy of insurance shall provide, or be construed to
provide, any coverage or indemnity for the payment of any fine,
penalty, or restitution in any criminal action or proceeding or in
any action or proceeding brought pursuant to Chapter 5 (commencing
with Section 17200) of Part 2 of, or Chapter 1 (commencing with
Section 17500) of Part 3 of, Division 7 of the Business and
Professions Code by the Attorney General, any district attorney, any
city prosecutor, or any county counsel, notwithstanding whether the
exclusion or exception regarding this type of coverage or indemnity
is expressly stated in the policy.
   (b) No policy of insurance shall provide, or be construed to
provide, any duty to defend, as defined in subdivision (c), any claim
in any criminal action or proceeding or in any action or proceeding
brought pursuant to Chapter 5 (commencing with Section 17200) of Part
2 of, or Chapter 1 (commencing with Section 17500) of Part 3 of,
Division 7 of the Business and Professions Code in which the recovery
of a fine, penalty, or restitution is sought by the Attorney
General, any district attorney, any city prosecutor, or any county
counsel, notwithstanding whether the exclusion or exception regarding
the duty to defend this type of claim is expressly stated in the
policy.
   (c) For the purpose of this section, "duty to defend" means the
insurer's right or obligation to investigate, contest, defend,
control the defense of, compromise, settle, negotiate the compromise
or settlement of, or indemnify for the cost of any aspect of
defending any claim in any criminal action or proceeding or in any
action or proceeding brought pursuant to Chapter 5 (commencing with
Section 17200) of Part 2 of, or Chapter 1 (commencing with Section
17500) of Part 3 of, Division 7 of the Business and Professions Code
in which the insured expects or contends that (1) the insurer is
liable or is potentially liable to make any payment on behalf of the
insured or (2) the insurer will provide a defense for a claim even
though the insurer is precluded by law from indemnifying that claim.
   (d) Any provision in a policy of insurance which is in violation
of subdivision (a) or (b) is contrary to public policy and void.

533.7.  Notwithstanding any other law, an insurer may defend a duly
licensed physician or surgeon against any cause of action involving
the performance of any act for which a physician's and surgeon's
certificate is required.

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