Ins. Code, § 1872.41 · Article 2. Bureau of Fraudulent Claims
Ins. Code, § 1872.41
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An agent or broker who, before placing an insurance application with an insurer, reasonably suspects or knows that a fraudulent application is being made shall, within 60 days after the determination by the agent or broker that the application appears to be fraudulent, submit to the Fraud Division, using the electronic form within Fraud Division’s Consumer Fraud Reporting Portal, the information requested by the form and any additional information relative to the factual circumstances of the application and the alleged material misrepresentations contained in the application. All data fields within the Fraud Division’s Consumer Fraud Reporting Portal electronic form shall be completed accurately, to the best of the agent or broker’s ability. An agent or broker shall not submit a fraud referral anonymously. The Fraud Division shall review each report and undertake further investigation it deems necessary and proper to determine the validity of the allegations.
(b) An agent or broker who, after an insurance application has been placed with an insurer, reasonably suspects or knows that fraud has been perpetrated shall report that information directly to the insurer’s special investigative unit. An agent or broker shall furnish all papers, documents, reports, or other facts or evidence to the insurer’s special investigative unit upon request, and shall otherwise assist and cooperate with the insurer’s special investigative unit.
(c) An agent or broker shall furnish all papers, documents, reports, or other facts or evidence to the department upon request, and shall otherwise assist and cooperate with the department.
(d) (1) For purposes of this section, an “agent or broker” is a natural person licensed to transact insurance in a capacity described in Section 1625, 1625.5, 1625.55, 1626, or 1758.1 and is not the employee of an insurer.
(2) An agent or broker is not considered a “contracted entity” or “integral antifraud personnel” pursuant to Section 2698.30 of Title 10 of the California Code of Regulations.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 204, Sec. 12. (AB 1140) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=1872.41.
- Text hash
- sha256 92fb1e10a81dd6d6f783195c9f00049cdb0f9c69080ccb08d4320fb2d2e12794
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Insurance Code
- Ins. Code, § 1625Printed as Section 1625, 1625.5, 1625.55, 1626, or 1758.1
- Ins. Code, § 1625.5Printed as Section 1625, 1625.5, 1625.55, 1626, or 1758.1
- Ins. Code, § 1625.55Printed as Section 1625, 1625.5, 1625.55, 1626, or 1758.1
- Ins. Code, § 1626Printed as Section 1625, 1625.5, 1625.55, 1626, or 1758.1
- Ins. Code, § 1758.1Printed as Section 1625, 1625.5, 1625.55, 1626, or 1758.1
Cited by 1 provision
Provisions in this library whose text cites Ins. Code, § 1872.41. Each shows the citation as that text prints it.
Insurance Code
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