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9 sources. Every citation number above resolves to a record below. Nothing here sits behind an account.

1. [1]

   Residential Insurance: Homeowners and Renters (information guide, text version)(opens the original record on California Department of Insurance)

   California Department of InsuranceRegulatorPrimaryJurisdiction CALast checked August 31, 2026Updates: revised periodically by CDI; the current text version carries the revision line Form 401 Revised January 2026, so compare that line against the live page each review cycleID cdi-residential-insurance-guide

   What this source supports (49)

   • The guide describes a homeowners policy in coverage parts: Coverage A Dwelling, Coverage B Other Structures, Coverage C Personal Property, Coverage D Loss of Use, Coverage E Personal Liability, and Coverage F Medical Payments to Others.
   • Coverage B Other Structures is normally limited to 10 percent of the Coverage A limit.
   • Coverage C provides protection for the contents of the home and other personal belongings owned by the insured and other family members who live with the insured, and additional amounts of insurance may be purchased.
   • The contents limit is generally around 50 percent of the dwelling amount, and the guide states that this is a guideline only.
   • Coverage D Loss of Use is normally limited to 20 percent of Coverage A.
   • Under the heading for what is typically covered by a homeowners policy if damage is caused by, the guide lists fourteen causes of loss: fire or lightning; windstorm or hail; explosion; riot or civil commotion; aircraft; vehicles; smoke; vandalism and malicious mischief; theft; volcanic eruption; falling objects; weight of ice, snow, sleet; sudden and accidental water damage; and breakage of glass.
   • The guide lists typical exclusions: flood; earthquake; earth movement; termites; insects, rats or mice; water damage caused by seepage or leaks; losses to a house vacant for 60 days or more; mold; wear and tear or maintenance; war; insurrection; tidal wave; neglect; and nuclear hazard.
   • The guide carries the instruction to read the exclusions in the insurance contract.
   • Coverage on certain types of property especially susceptible to loss is limited: jewelry, antiques, furs, collectibles, fine arts, firearms, silverware, and money.
   • The limited coverage amounts for specific types of personal property are not separate limits in addition to the contents limit; they are included in the overall contents limit and represent the maximum paid out for that specific type of personal property.
   • The guide defines the deductible as the amount of loss that the policyholder is responsible to pay up-front before covered benefits from the insurance company are payable.
   • The guide states that if the insured can afford to take a bit more of the risk, a larger deductible may significantly reduce the premium.
   • The guide states that an actual cash value policy will not completely replace the home, that a replacement cost policy improves the chances of being able to completely rebuild, that a policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit, and that other types of replacement cost policies will pay the policy limits plus a certain percentage above those limits.
   • For renters policies, the guide states that Coverage E Personal Liability is generally subject to a minimum of $100,000 and Coverage F Medical Payments to Others is generally subject to a minimum of $1,000.
   • The guide states that the landlord does not provide insurance for the tenant's personal property.
   • The guide identifies itself on the page as Form 401, Revised January 2026.
   • The guide lists the coverages of a homeowners policy as "Coverage A - Dwelling, Coverage B - Other Structures, Coverage C - Personal Property, Coverage D - Loss of Use, Coverage E - Personal Liability, Coverage F - Medical Payments to Others."
   • The guide describes Coverage D as follows: "This coverage will help with additional living expenses if your home is damaged by a peril insured against to the extent that you cannot live in your home. These expenses include, but are not limited to, housing, meals and warehouse storage. Coverage D is normally limited to 20 percent of Coverage A."
   • The guide states: "After a residential policy has been in effect for sixty days, the insurance company can only cancel a policy for reasons specified by law, which include; nonpayment of premium, fraud, material misrepresentation, or physical changes in the insured property that increase any hazard insured against."
   • The guide defines material misrepresentation as "A false statement given by an applicant of any important fact that had the insurance company known the truth, it would not have insured the risk."
   • The guide states: "The condominium association generally purchases insurance for the building structure and common areas, such as corridors and walls."
   • The guide states: "Like renters insurance, condominium unit-owners insurance provides coverage for personal property, loss of use, personal liability and medical payments to others. However, it also includes coverage for damages to the interior of the unit and improvements for which the unit owner is responsible to maintain in accordance with the governing rules of the condominium association."
   • The guide states: "Loss assessment may be an important coverage for you to consider, because it covers you for certain assessments that the condominium association makes as a result of a loss."
   • The dwelling limit should be the amount it would cost to replace your home, which may have nothing to do with the purchase price or the current market value.
   • Homeowners should base the limit on the cost of labor and materials necessary to rebuild the dwelling, not fluctuations in the real estate market.
   • Under an actual cash value settlement the recovery is reduced by a fair and reasonable deduction for physical depreciation, and with a replacement cost policy the chances that you will be able to completely rebuild your home are better.
   • Insurance coverage for losses resulting from floods is generally not provided in a homeowners or renters policy.
   • When an insurer writes your homeowners coverage in California, the insurer is legally obligated to offer you earthquake coverage for an additional premium.
   • What was previously called Extended Replacement Cost Coverage is now called Limited Replacement Cost Coverage.
   • The dwelling limit should be the amount it would cost to replace the home, and this may have nothing to do with the purchase price or the current market value of the home, as homeowners insurance does not generally cover the value of the land upon which the dwelling sits.
   • When determining the amount of coverage to purchase, consumers should consider the cost of labor and materials necessary to rebuild the dwelling, not fluctuations in the real estate market.
   • Insurance companies have their own formulas for evaluating replacement cost, and because those formulas are unique to each company, different insurers may suggest or require different limits of coverage for the same dwelling.
   • In a section summarizing key legislation, this guide describes Senate Bill 1855 (2004) as changing the use of the words Extended Replacement Cost Coverage in the California Residential Property Insurance Disclosure to Limited Replacement Cost Coverage. The page states this only as a description of that 2004 bill's effect on the wording of that disclosure; it does not state that Extended Replacement Cost Coverage is generally now called Limited Replacement Cost Coverage, and it gives no rationale specific to the change of words.
   • A policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit.
   • Unless the policy has building code upgrade coverage, the insurance company may not pay for changes needed to bring the structure up to current building codes.
   • CDI advises consumers to ask their agent, broker, or insurer whether they automatically review or increase limits on a regular basis, or whether they offer an automatic inflation guard option.
   • In its actual cash value discussion this guide uses the formulation the policy limit or the fair market value of the structure, whichever is less.
   • CDI describes a homeowners policy as divided into a property section with Coverage A dwelling, Coverage B other structures, Coverage C personal property and Coverage D loss of use, and a liability section with Coverage E personal liability and Coverage F medical payments to others.
   • CDI states that Coverage A provides major property coverage protecting the house and attached structures if damaged by a covered peril.
   • CDI states that Coverage B other structures is normally limited to 10 percent of the Coverage A limit, and that Coverage D loss of use is normally limited to 20 percent of Coverage A.
   • CDI states that certain personal property categories such as jewelry and firearms are subject to special limits that cap the amount paid.
   • CDI states that an actual cash value policy will not fully replace a destroyed home because it subtracts depreciation and pays either the repair cost less wear and tear or the policy limit, whichever is less.
   • CDI states that a policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit, and that other replacement cost variants pay the policy limits plus a certain percentage above those limits.
   • CDI warns that unless the policy has building code upgrade coverage, the insurance company may not pay for changes needed to bring the structure of the home up to current building codes.
   • CDI advises reviewing the dwelling limit initially and upon renewal, discussing any modifications to the home in writing with the agent, broker, or insurer, and contacting local general contractors to ask the current price per square foot for a home similar to your own.
   • CDI advises keeping an inventory of personal property listing all items owned, the dates purchased, and the price, and offers a free Home Inventory Guide.
   • CDI states that Coverage D reimburses housing, meals and warehouse storage when a covered loss makes the home uninhabitable, and advises keeping receipts for all additional living expenses and submitting them to the company for reimbursement consideration.
   • CDI warns that if you shop by comparing prices only and not by comparing coverage, you are doing yourself a disservice.
   • CDI notes that SB 1855 (2004) requires insurers to disclose, in the California Residential Property Insurance Disclosure and on the declarations page, that the cost to rebuild your home may be different from your homeowners policy limits, and that insurers must distribute the California Residential Property Insurance Bill of Rights every other year.

   Published: 2026-01 (the page carries the line Form 401 Revised January 2026) Effective: not stated on the page

   Active
2. [2]

   Insurance Topics: Homeowners Insurance(opens the original record on National Association of Insurance Commissioners (NAIC))

   National Association of Insurance Commissioners (NAIC)Standards bodyPrimaryJurisdiction USLast checked August 31, 2026Updates: NAIC updates its Insurance Topics pages periodically; the page fetched on 2026-08-31 displayed a last updated date of 10/25/2025.ID naic-homeowners

   What this source supports (8)

   • NAIC states that coverage can be for all perils, except those explicitly excluded, or for just those perils specifically named in the policy.
   • NAIC states that the limits of coverage for the other coverages are typically calculated as percentages of the dwelling limit.
   • NAIC's page states that all homeowners insurance policies cover the structure of the home, including attached structures, fixtures and built-in appliances, and that most policies also cover home contents and personal liability for covered accidents. This is NAIC's general description of the market, not a reading of any particular filed form.
   • NAIC states that a home can be insured based on replacement cost, meaning the cost to rebuild, or on actual cash value.
   • NAIC states that separate policies for flood or earthquake coverage also may be purchased by those in areas prone to these perils.
   • NAIC lists optional add-ons including coverage for unattached structures, personal property, medical payments, additional living expenses, sewer backup, and umbrella liability.
   • NAIC states that the lower the deductible amount, the higher the policy premium.
   • NAIC publishes A Consumer's Guide to Home Insurance and a home inventory app.

   Fetched 2026-08-31; both claims read verbatim and the displayed last updated date of 10/25/2025 recorded as publishedDate, correcting an earlier draft that recorded this as unknown. The page does not name HO-3 or any other specific form and does not discuss endorsements, so it is not cited for form-specific behavior. Published: 2025-10-25

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3. [3]

   Cal. Code Regs. tit. 10, section 2695.183 - Standards for Estimates of Replacement Value(opens the original record on California Code of Regulations, Title 10 (text reproduced by Cornell Legal Information Institute))

   California Code of Regulations, Title 10 (text reproduced by Cornell Legal Information Institute)Primary lawPrimaryJurisdiction CAThird-party reproductionLast checked August 31, 2026Updates: Amended only through California rulemaking; the section itself requires the sources and methods behind estimates to be kept current no less frequently than annually.ID ca-10-ccr-2695-183

   What this source supports (16)

   • California Code of Regulations Title 10 section 2695.183, titled Standards for Estimates of Replacement Value, exists; the filing note reads New section filed 12-29-2010; operative 6-27-2011 pursuant to Government Code section 11343.4(b) (Register 2010, No. 53).
   • An estimate of replacement cost must include the cost of labor, building materials and supplies; overhead and profit; the cost of demolition and debris removal; and the cost of permits and architect's plans.
   • The estimate must consider components and features of the insured structure including type of foundation, type of frame, roofing materials and type of roof, siding materials and type of siding, whether the structure is located on a slope, the square footage of the living space, geographic location of property, number of stories and any nonstandard wall heights, materials used in and generic types of interior features and finishes, age of the structure or the year it was built, and size and type of attached garage.
   • The estimate of replacement cost shall be based on an estimate of the cost to rebuild or replace the structure taking into account the cost to reconstruct the single property being evaluated, as compared to the cost to build multiple, or tract, dwellings.
   • The estimate of replacement cost shall not be based upon the resale value of the land, or upon the amount or outstanding balance of any loan.
   • The estimate of replacement cost shall not include a deduction for physical depreciation.
   • The licensee shall, no less frequently than annually, take reasonable steps to verify that the sources and methods used to generate the estimate of replacement cost are kept current.
   • Subdivision (g)(1) sets more than one clock. The licensee must provide a copy of the estimate of replacement cost to the applicant or insured at the time the estimate is communicated. In the event the estimate is communicated by telephone to an insured, the copy shall be mailed to the insured no later than three business days after the time of the telephone conversation. In the event the estimate is communicated by telephone to an applicant, the copy shall be mailed to the applicant no later than three business days after the applicant agrees to purchase the coverage.
   • Subdivision (g)(1) also carries an exception: in the event the estimate of replacement cost is communicated by a licensee to an applicant to whom the licensee determines an insurance policy shall not be issued, the licensee is not required to provide a copy of the estimate of replacement cost.
   • The re-disclosure subdivision does not apply when the update or revision to the estimate of replacement cost or the policy limit results solely from the application of an inflationary provision in a policy or an inflation factor.
   • Licensees shall maintain a record of the information supplied by the applicant or insured that is used by the licensee to generate the estimate of replacement cost, and if a policy is issued these records and copies shall be maintained for the entire term of the insurance policy or the duration of coverage, whichever terminates later in time, and for five years thereafter.
   • Under 10 CCR 2695.183(a), an estimate of replacement cost must include the expenses that would reasonably be incurred to rebuild the insured structure in its entirety, including at least the cost of labor, building materials and supplies, overhead and profit, cost of demolition and debris removal, cost of permits and architect's plans, and consideration of the components and features of the insured structure.
   • The regulation states that the estimate of replacement cost shall not be based upon the resale value of the land, or upon the amount or outstanding balance of any loan.
   • The regulation states that the estimate of replacement cost shall not include a deduction for physical depreciation.
   • The regulation requires a licensee who communicates an estimate of replacement cost to an applicant or insured in connection with an application for or renewal of a homeowners insurance policy that provides coverage on a replacement cost basis to provide a copy of the estimate to the applicant or insured at the time the estimate is communicated.
   • The reproduction states that these standards became operative June 27, 2011.

   Fetched twice on 2026-08-31. Correction from the prior draft: the retention rule is not simply the policy term plus five years. The text is the entire term of the insurance policy or the duration of coverage, whichever terminates later in time, and for five years thereafter, and that full formulation is now used. Authority caveat: Cornell LII is a faithful reproduction, not the state's own publication. The official California Code of Regulations publisher site and a mirror at carules.elaws.us were both attempted on 2026-08-31 and did not return content (blocked host and timeout respectively), so the primary-law authority level here rests on a reproduction. A reader relying on exact wording should confirm against the official CCR. Published: 2010-12-29 Effective: 2011-06-27

   ActiveReproduction
4. [4]

   California Insurance Code Section 384 (required statements on a certificate or verification of insurance)(opens the original record on California Legislative Information, Office of Legislative Counsel)

   California Legislative Information, Office of Legislative CounselPrimary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by legislation; re-check leginfo before each publication cycle.ID ca-ins-code-384-2

   What this source supports (3)

   • California Insurance Code Section 384 requires a certificate or verification of insurance provided as evidence of insurance in lieu of an actual copy of the policy to contain a statement to the effect that it is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
   • Section 384 requires the certificate to state that, notwithstanding any requirement, term, or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the insurance afforded by the policies described is subject to all the terms, exclusions and conditions of the policies.
   • Section 384(b) states that the section does not apply to a surplus line broker certificate as defined in Insurance Code Section 48.

   Effective: 2001-01-01

   Active
5. [5]

   44 CFR 61.11 - Effective date and time of coverage under the Standard Flood Insurance Policy - New Business Applications and Endorsements(opens the original record on U.S. Government Publishing Office, Code of Federal Regulations)

   U.S. Government Publishing Office, Code of Federal RegulationsRegulatorPrimaryJurisdiction USLast checked August 31, 2026Updates: Amended by FEMA rulemaking; the govinfo annual CFR edition lags, so confirm against the current eCFR text when it is reachable.ID cfr-44-61-11

   What this source supports (4)

   • Under 44 CFR 61.11, the effective date and time of any new NFIP policy, added coverage, or increase in the amount of coverage is generally 12:01 a.m. local time on the 30th calendar day after the application date and the presentment of payment of premium.
   • Where the initial purchase of flood insurance is in connection with the making, increasing, extension, or renewal of a loan, coverage on the property that is the subject of the loan is effective as of the time of the loan closing, provided the written request for the coverage is received by the NFIP and the policy is applied for and the premium presented at or prior to the loan closing.
   • During the 13-month period beginning on the effective date of a revised Flood Hazard Boundary Map or Flood Insurance Rate Map for a community, the effective date and time of any initial flood insurance coverage is 12:01 a.m. local time on the first calendar day after the application date and the presentment of payment of premium.
   • The section also provides an effective date of 12:01 a.m. local time on the first calendar day after the application date and the presentment of payment of premium where the property is affected by flooding on Federal land that is a result of, or is exacerbated by, post-wildfire conditions, and the coverage was purchased not later than 60 calendar days after the fire containment date.

   Active
6. [6]

   Regulation X, 12 CFR 1024.37 - Force-placed insurance(opens the original record on Consumer Financial Protection Bureau)

   Consumer Financial Protection BureauRegulatorPrimaryJurisdiction USLast checked August 31, 2026Updates: Amended by CFPB rulemaking; check the CFPB regulations page and official interpretations.ID cfpb-1024-37

   What this source supports (12)

   • Force-placed insurance means hazard insurance obtained by a servicer on behalf of the owner or assignee of a mortgage loan that insures the property securing such loan.
   • The definition excludes hazard insurance required by the Flood Disaster Protection Act of 1973, hazard insurance obtained by a borrower but renewed by the servicer as described in 12 CFR 1024.17(k)(1), (2), or (5), and hazard insurance obtained by a borrower but renewed by the servicer at its discretion if the borrower agrees.
   • A servicer may not assess a premium charge or fee related to force-placed insurance unless it has a reasonable basis to believe that the borrower has failed to comply with the mortgage loan contract's requirement to maintain hazard insurance.
   • A servicer must deliver or place in the mail a written notice at least 45 days before assessing a force-placed insurance charge.
   • The reminder notice must be delivered or mailed at least 30 days after the initial written notice and at least 15 days before the force-placed insurance charge is assessed.
   • Except for charges subject to State regulation as the business of insurance and charges authorized by the Flood Disaster Protection Act of 1973, all charges related to force-placed insurance assessed to a borrower by or through the servicer must be bona fide and reasonable.
   • Before assessing a charge or fee for renewing or replacing existing force-placed insurance, a servicer must deliver or mail a written notice at least 45 days before assessing that charge or fee.
   • Regulation X defines force-placed insurance as hazard insurance obtained by a servicer on behalf of the owner or assignee of a mortgage loan that insures the property securing the loan.
   • A servicer may not assess a force-placed insurance premium charge or fee on a borrower unless it has a reasonable basis to believe the borrower has failed to comply with the mortgage loan contract's requirement to maintain hazard insurance.
   • A servicer must deliver to the borrower or place in the mail a written notice at least 45 days before assessing a force-placed insurance charge or fee.
   • A servicer must deliver a reminder notice at least 15 days before assessing the charge or fee, and may not deliver it until at least 30 days after delivering or mailing the first written notice.
   • Within 15 days of receiving evidence that the borrower has had in place the required hazard insurance coverage, the servicer must cancel the force-placed insurance it purchased and refund all force-placed insurance premium charges and related fees paid by the borrower for any period of overlapping coverage.

   Fetched on 2026-08-31 and confirmed the definition and its three exclusions, the reasonable-basis condition, the 45-day initial notice, both legs of the reminder-notice timing, the 45-day renewal or replacement notice, and the limitation on charges. The definitional exclusion is phrased on the page as hazard insurance required by the Flood Disaster Protection Act of 1973. The limitation on charges carries its own two carve-outs, for charges subject to State regulation as the business of insurance and for charges authorized by the Flood Disaster Protection Act of 1973; a prior draft stated the bona fide and reasonable rule without them.

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7. [7]

   42 U.S.C. 4012a - Flood insurance purchase and compliance requirements and escrow accounts(opens the original record on Office of the Law Revision Counsel, U.S. House of Representatives)

   Office of the Law Revision Counsel, U.S. House of RepresentativesPrimary lawPrimaryJurisdiction USLast checked August 31, 2026Updates: Amended by Congress; re-check the prelim edition on uscode.house.gov before each publication cycle.ID usc-42-4012a-2

   What this source supports (5)

   • 42 U.S.C. 4012a(b)(1)(A) bars a regulated lending institution from making, increasing, extending, or renewing a loan secured by improved real estate or a mobile home located in a special flood hazard area in which flood insurance has been made available, unless the building or mobile home and any personal property securing the loan is covered for the term of the loan by flood insurance in an amount at least equal to the outstanding principal balance of the loan or the maximum limit of coverage made available under the Act with respect to the particular type of property, whichever is less.
   • 42 U.S.C. 4012a(b)(1)(B) requires such institutions to accept private flood insurance as satisfaction of the flood insurance coverage requirement if the coverage it provides meets the requirements for coverage under subparagraph (A).
   • 42 U.S.C. 4012a(a) conditions federal financial assistance for acquisition or construction purposes in a special flood hazard area on flood insurance in an amount at least equal to the development or project cost, less estimated land cost, or to the maximum limit of coverage made available with respect to the particular type of property, whichever is less, and states that coverage continues during the life of the property regardless of transfer of ownership.
   • 42 U.S.C. 4012a(d) requires flood insurance premiums and fees for residential improved real estate or a mobile home to be paid to the regulated lending institution or servicer and deposited in an escrow account on behalf of the borrower, subject to exceptions in subsection (d) that include a lending institution with total assets of less than $1,000,000,000 that was not required to escrow taxes and insurance before July 6, 2012, a loan junior or subordinate to a senior lien on which flood insurance is being maintained, a condominium or cooperative unit covered by a master flood policy paid through common expenses, a loan for a business purpose, a home equity line of credit, a nonperforming loan, and a loan with a term not exceeding 12 months.
   • Under 42 U.S.C. 4012a(e), if the borrower fails to purchase required flood insurance within 45 days after notification, the lender or servicer shall purchase the insurance on behalf of the borrower and may charge the borrower for the cost.

   Active
8. [8]

   NCCI Basic Manual Rule 1 - Assignment of Classifications(opens the original record on North Carolina Rate Bureau digital library, reproducing the NCCI Basic Manual for Workers Compensation and Employers Liability Insurance)

   North Carolina Rate Bureau digital library, reproducing the NCCI Basic Manual for Workers Compensation and Employers Liability InsuranceStandards bodySecondaryJurisdiction USThird-party reproductionLast checked August 31, 2026Updates: NCCI amends the Basic Manual by filing; confirm the current rule text and state exceptions for the applicable jurisdiction before publication.ID ncci-basic-manual-rule-1

   What this source supports (6)

   • Rule 1 states that, subject to certain exceptions, it is the business of the employer within a state that is classified, not the separate employments, occupations, or operations within the business.
   • Rule 1 states that the governing classification at a specific location or job is the basic classification, other than a standard exception classification, and is determined in accordance with the Governing Classification Determination Table, under which the basic classification producing the greatest amount of payroll governs.
   • Rule 1 lists five standard exception classifications: Code 8810 Clerical Office Employees NOC, Code 8871 Clerical Office Telecommuter Employees, Code 8742 Salespersons or Collectors - Outside, Code 7380 Drivers, Chauffeurs, Messengers, and Their Helpers NOC - Commercial, and Code 8748 Automobile Salespersons.
   • Rule 1 conditions Code 8810 treatment on the clerical work area being physically separated from the operating hazards by at least one of floors, walls, partitions, counters, or other physical barriers.
   • Rule 1 treats certain general inclusions, such as a restaurant or cafeteria operated for employees and equipment repair, as part of the basic classification rather than separately classified, and treats general exclusions, specifically aviation (all operations), new construction or alterations, stevedoring, and sawmill operations, as separately classified unless included in the basic classification wording.
   • Rule 1 states that each type of construction, erection, or oil and gas field operation is assigned to the classification describing that operation only if separate payroll records are maintained for each operation.

   ActiveReproduction
9. [9]

   California Civil Code Section 2782.05 (subcontractor indemnity and defense of a general contractor)(opens the original record on California Legislative Information, Office of Legislative Counsel)

   California Legislative Information, Office of Legislative CounselPrimary lawPrimaryJurisdiction CALast checked August 31, 2026Updates: Amended by legislation; re-check leginfo before each publication cycle.ID ca-civ-code-2782-05

   What this source supports (8)

   • Section 2782.05(a) reaches provisions, clauses, covenants, and agreements contained in, collateral to, or affecting any construction contract and amendments thereto entered into on or after January 1, 2013. By its own words the section does not reach a construction contract entered into before that date, and it does not reach contracts that are not construction contracts.
   • Within that scope, and except as provided in subdivision (b), Section 2782.05(a) makes void and unenforceable provisions that purport to insure or indemnify, including the cost to defend, a general contractor, construction manager, or other subcontractor, by a subcontractor, against liability for claims of death or bodily injury to persons, injury to property, or any other loss, damage, or expense, to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontractor.
   • Subdivision (b) contains thirteen numbered paragraphs listing categories the section does not affect. The ones verified word for word on the page and relied on in this cluster are (b)(1) contracts for residential construction subject to any part of Title 7, (b)(2) direct contracts with a public agency governed by Section 2782(b), (b)(3) direct contracts with the owner of privately owned real property governed by Section 2782(c), (b)(4) any wrap-up insurance policy or program, (b)(5) a cause of action for breach of contract or warranty that exists independently of an indemnity obligation, (b)(7) indemnity provisions contained in loan and financing documents, (b)(8) general agreements of indemnity required by sureties as a condition of execution of bonds, (b)(9) the benefits and protections provided by the workers' compensation laws, (b)(10) the benefits or protections provided by the governmental immunity laws, and (b)(12) contracts with design professionals.
   • Subdivision (b) also contains (b)(11), which opens 'Provisions that require the purchase of any of the following:' and then lists specified insurance beginning with owners and contractors protective coverage, and (b)(13), which opens 'Any agreement between a promisor and an admitted surety insurer regarding the promisor's obligations'. Neither was captured in full on the fetched page, so neither is recited in this cluster and the list above should be read as partial.
   • Subdivision (b)(6) preserves a provision in such a construction contract that requires the promisor to purchase or maintain insurance covering the acts or omissions of the promisor, including additional insured endorsements covering the acts or omissions of the promisor during ongoing and completed operations.
   • Subdivision (c) opens 'Notwithstanding any choice-of-law rules that would apply the laws of another jurisdiction, the law of' and applies California law to a contract within the section's scope.
   • Subdivision (d) provides that any waiver of the provisions of the section is contrary to public policy and is void and unenforceable.
   • The page carries the note 'Added by Stats. 2011, Ch. 707, Sec. 3. (SB 474) Effective January 1, 2012.'

   Effective: 2012-01-01

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