Civil Action Question Added by California Department of Insurance

Beginning March 25, 2022, the California Department of Insurance will add a question regarding civil action on license applications and renewals.

The addition of sections 1688(r) and 1668.5(a)(9) to the California Insurance Code, effective January 1, 2022, inspired the inclusion of this question for license application or renewals. Individuals, business entities, or business entity controlling persons must disclose specific civil actions, including allegations of:

  • Breach of fiduciary duty;
  • Elder or dependent abuse;
  • Fraud;
  • Malice;
  • Misappropriation or conversion of funds;
  • Misrepresentation; or
  • Oppression.

The addition of this non-uniform background question to insurance license and renewal applications stresses the importance of civil action discovery for producers within the rapidly changing financial service regulatory environment.

Employers are encouraged to periodically review their background screening programs to ensure they are at the forefront of compliance. A civil records search can uncover if your applicant or employee is a plaintiff or defendant in any civil lawsuit. Reportable information includes the names of parties involved, types of lawsuits, and disposition information. Adding such a service can accurately and efficiently ensure you select only the most qualified, risk-free employees.

For more information on civil records searches, as well as other services that align with industry best practices, please reach out to your BIG Account Manager or Sales Executive.

Posted: March 8, 2022

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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