Insurance Code § 11580.8 – Actions on Policies Containing Liability Provisions
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Insurance Code § 11580.8 – Actions on Policies Containing Liability Provisions
California Law
Insurance Code – INS
DIVISION 2. CLASSES OF INSURANCE [1880 – 12880.8]
( Division 2 enacted by Stats. 1935, Ch. 145. )PART 3. LIABILITY, WORKERS’ COMPENSATION, AND COMMON CARRIER LIABILITY INSURANCE [11550 – 11895]
( Heading of Part 3 amended by Stats. 1979, Ch. 373. )CHAPTER 1. General Regulations [11550 – 11629.88]
( Chapter 1 enacted by Stats. 1935, Ch. 145. )11580.08.
With respect to disclosure of the fact of an arrest for any violation of the Vehicle Code or of a city or county ordinance or resolution relating to vehicles or their operators or owner which did not result in a conviction, the issuer, or his agency or employee, of any policy of automobile liability insurance (as described in Section 16056 of the Vehicle Code), any motor vehicle liability policy (as described in Section 16450 of the Vehicle Code), or any policy or coverage described in Section 660, shall not inquire of an applicant whether he has been arrested under such circumstances or to condition the issuance of any such policy on the applicant’s making such disclosure.
(Added by Stats. 1975, Ch. 420.)
California Law Summary
This statute articulates California’s public policy aimed at minimizing conflicts and litigation concerning the determination of primary, excess, or sole liability coverage among multiple insurance policies in incidents involving motor vehicles.
Key Provisions:
The Legislature emphasizes the importance of avoiding disputes and court congestion related to insurance coverage responsibilities in events causing death or injury due to motor vehicle operation.
It declares that Section 11580.9 of the Insurance Code fully expresses the state’s public policy regarding the order in which multiple liability insurance policies should apply to the same loss.
This policy is not to be altered by provisions of the Vehicle Code, except in specific cases outlined in Article 2 (commencing with Section 16450) of Chapter 3 of Division 7 of the Vehicle Code, particularly concerning policies certified under Section 16431 of the Vehicle Code.
Purpose
To establish a clear framework that determines the hierarchy and applicability of multiple liability insurance policies in motor vehicle incidents, thereby reducing legal disputes and ensuring efficient resolution of claims.
Application
In situations where multiple insurance policies may cover a single motor vehicle accident, § 11580.8 guides the determination of which policy is primary and how others may provide excess coverage. This is crucial in personal injury cases to ascertain the appropriate insurer responsible for compensation.
