OCTOBER 12, 2020
LOUIS E. GUENIOT
TEAM MANAGER
GORDON LIU
CLAIM SPECIALIST
STATE FARM HOME INSURANCE
RE: Claim Number 55-06c6-44x
Policy Number 77-C3-B499-7
DATE OF LOSS: April 26, 2020
CRIMINAL COMPLAINT AGAINST JOHN TITOUAH
QUERY 7
MAY YOU PLEASE PROVIDE ME WITH A LEGIBLE REPRODUCTION OF SUBDIVISIONS (h) AND (i) OF SECTION 790.03 AND A LEGIBLE COPY OF FAIR CLAIMS SETTLEMENT PRACTICES REGULATION AND COPIES OF SECTIONS 2695.5, 2695.7,2695.8, AND 2695.9 OF SUBCHAPTER 7.5 OF CHAPTER 5 OF TITLE 10 OF CALIFORNIA CODE OF REGULATIONS?
MAY I MOST RESPECTFULLY REFER YOU TO THE REGULATIONS ADOPTED BY THE INSURANCE COMMISSIONER ABOUT 790.034, that, Upon receiving notice of a claim, every insurer shall immediately, but no more than 15 calendar days after receipt of the claim, provide the insured with a legible reproduction of subdivisions (h) and (i) of Section 790.03 along with a written notice containing the following language in at least 10-point type: “In addition to Section 790.03 of the Insurance Code, Fair Claims Settlement Practices Regulations govern how insurance claims must be processed in this state. These regulations are available at the Department of Insurance Internet Web site, www.insurance.ca.gov, or by calling the department’s consumer information line at 1-800-927-HELP(4357). You may also obtain a copy of this law and these regulations free of charge from this insurer.”
So, may you please provide me with a legible reproduction of subdivisions (h) and (i) of Section 790.03 and a legible copy of Fair Claims Settlement Practices Regulation AND copies of Sections 2695.5, 2695.7, 2695.8, and 2695.9 of Subchapter 7.5 of Chapter 5 of Title 10 of the California Code of Regulations. SOURCE OF THE INFORMATION MENTIONED:
790.034. (a) Regulations adopted by the commissioner pursuant to this article that relate to the settlement of claims shall take into consideration settlement practices by classes of insurers. (b) (1) Upon receiving notice of a claim, every insurer shall immediately, but no more than 15 calendar days after receipt of the claim, provide the insured with a legible reproduction of subdivisions (h) and (i) of Section 790.03 along with a written notice containing the following language in at least 10-point type:
“In addition to Section 790.03 of the Insurance Code, Fair Claims Settlement Practices Regulations govern how insurance claims must be processed in this state. These regulations are available at the Department of Insurance Internet Web site, www.insurance.ca.gov, or by calling the department’s consumer information line at 1-800-927-HELP(4357). You may also obtain a copy of this law and these regulations free of charge from this insurer.”
(2) Every insurer shall provide, when requested orally or in writing by an insured, a legible reproduction of Section 790.03 of the Insurance Code and copies of Sections 2695.5, 2695.7, 2695.8, and 2695.9 of Subchapter 7.5 of Chapter 5 of Title 10 of the California Code of Regulations, unless the regulations are inapplicable to that class of insurer. This law and these regulations shall be provided to the insured within 15 calendar days of request. (3) The provisions of this subdivision shall apply to all insurers except for those that are licensed pursuant to Chapter 1 (commencing with Section 12340) of Part 6 of Division 2, with respect to policies and endorsements described in Section 790.031. (c) This section shall become operative on January 1, 2017. (Repealed (in Sec. 6) and added by Stats. 2015, Ch. 348, Sec. 7. (AB 1515) Effective January 1, 2016. Section operative January 1, 2017, by its own provisions.)
QUERY 7
MAY YOU PLEASE PROVIDE ME WITH A LEGIBLE REPRODUCTION OF SUBDIVISIONS (h) AND (i) OF SECTION 790.03 AND A LEGIBLE COPY OF FAIR CLAIMS SETTLEMENT PRACTICES REGULATION AND COPIES OF SECTIONS 2695.5, 2695.7, 2695.8, AND 2695.9 OF SUBCHAPTER 7.5 OF CHAPTER 5 OF TITLE 10 OF CALIFORNIA CODE OF REGULATIONS?
Please acknowledge receipt of this e-mail and kindly inform me when I should expect a reply to this email.
PLEASE RESTRICT ISSUES AND ANSWERS WITHIN THE CONTEXT OF THE SUBJECT MATTER TO AVOID INAPPROPRIATENESS.
Please be reminded that your DENIAL LETTER DATED MAY 6, 2020 was prepared, relayed to us, sent and read by us in just a few minutes.
Thank you very much.
Yours faithfully,
Antonio L. Buensuceso
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