California

Commission Alternatives - Fees and Requirements

Charge fee in addition to or in lieu of collecting commissions?
Specific Disclosures or written agreements required to charge fees to a client?
Admin fees for insurance placement?
Charges for services unrelated to the placement of insurance?
Additional licensing required?
Brokers placing personal lines policies may charge a broker fee for services related to a transaction of insurance.  Brokers cannot be agents of companies with which policies are placed.  Broker fees exclude fees charged for services not related to a transaction of insurance. Brokers may charge fees for consulting services in connection with commercial lines property and casualty insurance but unrelated to a transaction of insurance. Cal. Code of Regs. tit. 10, §§ 2189.1-2189.8. 
Yes.  In order to charge a fee and receive a commission, a broker placing personal lines policies must enter into a broker fee agreement signed by the consumer.  Cal. Code of Regs. tit. 10, §§ 2189.1-2189.8. 
   
No 

Malpractice Damage Cap

Damage Cap Amount

State Code

Per California Assembly Bill 35 effective 1/1/23, the caps are set at $350,000 for malpractice-related injuries that do not involve wrongful death, and $500,000 for medical malpractice that resulted in wrongful death. Beginning in 2024, the dollar amounts will be bumped up each year by $40,000 for personal injury and $50,000 for wrongful death, until 2034 when the caps reach $750,000 and $1 million, respectively. At that point the amount will be adjusted annually by two percent to account for inflation. The previous $250,000 cap will still apply to all cases filed before 1/1/23.