2011 California Code
Insurance Code
DIVISION 1. GENERAL RULES GOVERNING INSURANCE [100 - 1879.8]
ARTICLE 6.5. Unfair Practices
Section 790.036
(a) It is an unfair and deceptive act or practice in the business of insurance for an insurer to advertise insurance that it will not sell.
(b) Nothing in this section shall be construed to prohibit any insurer from advertising insurance products for which it is licensed to sell in this state where the product is not available for sale so long as the unavailability is disclosed in the advertisement.
(c) A violation of this section is subject to the sanctions provided for by this article.
(d) An intentional violation of this section is a misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000).
(e) This section does not apply to any insurer that refuses to sell a policy of insurance on the basis of its underwriting guidelines.
(f) This section does not apply to advertisements by an insurer where the advertisements are broadcast and originate from outside this state. As used in this subdivision, broadcast includes electronic media, television, and radio. As used in this subdivision, originate from outside this state includes cable transmittal of programs broadcast by stations located outside California.
(Added by Stats. 1989, Ch. 992, Sec. 1.)
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