Page 7 of 9
CAARP Introduction, Part I: What is CAARP?
Click here for course instructions Think you know this subject? Click here to play our game show! (optional) Click here to go directly to exam registration Click here to exit the course


Producer Performance Standards

Per Section 20 of the CAARP Plan of Operations, producers must comply with specific requirements in the writing and submitting of CAARP Private Passenger, CAARP Commercial, and LCA Program applications.

Completing the Application

A producer is required to submit a fully completed application so the assigned insurance company can:
  • Rate the policy
  • Underwrite the policy
  • Prepare a bill
  • Issue a SR22/SR1P if required

Every application must include:
  • The producer's correct mailing address.
  • The producer's Tax Identification and/or Social Security number.
  • The producer's F&C or Personal Lines license number.
  • The complete signature, date and time of the signing producer.
  • The complete signature, date and time of the applicant.
  • The premium for each coverage must be listed individually.
  • A gross deposit check. Commission cannot be withheld. The deposit can be either the:
  • applicant's check,
  • money order/cashiers check
  • finance draft (CAARP risks only)
  • producer's trust account check

Valid Driver's License
The producer must submit legible photocopies of a valid Driver's License for the applicant and all principal drivers. Acceptable Driver's Licenses include:
  • California
  • Out of State
  • International
  • Other Countries

For non-California driver's licenses the assigned company will need proof of a California Driver's License in 30 days, except applicants in the military who are based in California are not required get a California Driver's License.

If the driver's license is unavailable because it has been suspended or revoked, the application shall clearly reflect the driver's license number and producer should indicate in Remarks the circumstances of the suspension/revocation.

Vehicle Registration/Proof of Ownership
The producer must also submit a legible photocopy of the current registration or proof of ownership for each vehicle to be insured (non-owner risks excluded). If a current vehicle registration is not available, CAARP will accept the following documents to show proof of ownership:

  • Online Registrations that shows vehicle and named applicant information. (Not expired more than one year)
  • Information Request Receipts from DMV. (Not more than one year old)
  • Recent DMV Renewal Requests. (Not more than one year old)
  • DMV Suspense Customer Copies (Not more than one year old)
  • DMV Report of Deposit of Fees **This is Not an Operating Permit** (Not more than one year old)
  • DMV Special Moving Permit (Not expired more than one year)
  • Out of State Registrations. (Not expired more than one year)
  • Temporary Identification/Registration for Newly Purchased Vehicles. (Not more than 3 months old)
  • Vehicle Certificate of Title. (Title should be in the name of the insured - See below)
  • DMV Transfer of Title/Release of Liability form. (Must be signed & dated by both parties - registered owner & new owner - Not more than 3 months old)
  • Sales Contracts/Bills of Sale from car dealerships. (Not more than 3 months old)
  • Bill of sale between two parties. (Must have legal sanction, such as being notarized - Not more than 3 months old)

Providing Evidence of Insurance
Producers are not allowed to issue ID Cards or Insurance Binders for their clients at the time of application. The California Department of Motor Vehicles will not accept ID cards with "CAARP", "CA Assigned Risk" or "CA Low Cost" listed as the company. This is because:

  • Producers are not agents of CAARP and have no binding authority, and
  • CAARP is not an insurance company.

It is advised that producers provide their client with a photocopy of the application and let them know that the CAARP/LCA assignment letter should be in the mail within 7-10 days. It is also advised to tell them to keep the copy of the application in their car until their letter arrives.

Electronic Effective Dates must be Voided
If the Electronic Effective Date Procedure (EEDP) or the Electronic Application Submission Interface (EASi) is used to propose an effective date of coverage and it is decided that coverage is not wanted with CAARP/LCA, the Retraction Request Form must be submitted to CAARP within four calendar days.

If the producer fails to void unwanted EEDP or EASi reference numbers at least 3 times in a 6-month period, the producer will be charged a violation.

Producers Must Abide by California Insurance Law
If a producer violates any provision of the California Insurance Code, CAARP is obligated to notify and warn the producer of their violations.

  • Trust Account Violations - Per California Insurance Code Section 1734 (b), producers are required to maintain a separate premium trust account and business operational expense account. This means no commingling of funds. Producer/Agency deposit checks should indicate they are written from a business trust account.

  • No Broker Fees Allowed for any CAARP /LCA Application -Section 11624.5 of the California Insurance Code states that no insurance agent, broker or solicitor shall make any charge to the applicant directly or indirectly, for furnishing any person the necessary application forms, technical assistance and services necessary to perfect an application through the Plan other than such commission as is paid by the insurer pursuant to the provisions of such Plan.

This includes charging fees for any changes to an in-force policy. Producers who are found to be charging broker fees will be investigated by CAARP.

In-Force Policies
Once the application is assigned to an insurance company, a producer's performance is still tracked. Each failure to comply with one of these producer performance standards is considered one violation of the producer performance standards.

Renewals
The renewal premium shall be submitted gross to the insurer or servicing carrier. Commission cannot be withheld. The producer shall immediately send all renewals payments received from their insureds to ensure it is received by the due date.

Return Commission
If a policy is canceled before the end of the policy term by the insured or the company, the producer returns the unearned commission to the company within 30 calendar days of notification that payment is due.

Policy Change Requests
If a producer receives a policy change request from the insured, the producer shall send a written request to the assigned company within three business days of receipt of the request. Producers should make sure that the change request is accurate, legible, and accompanied by an appropriate deposit, where applicable, in accordance with the Plan regulations.

Claims
The producer must report all claims to the assigned company within one business day after the insured reports the accident to them. The producer can report the claim either by telephone or fax to the company.

Payments
  • Producers are required to issue a receipt for all money received from the applicant.
  • Producers are to promptly submit all money received from the applicant to CAARP or if the assignment has been made, to the assigned company.
  • A producer should submit no check that lacks sufficient funds. No NSF checks.

Note: If the applicant's check is submitted with the application and it is NSF, there is no coverage. If the producer's check is submitted, there is coverage regardless if the applicant's check to the producer is NSF.

Maintenance of Records
  • The producer shall maintain all records required by California insurance law, including records of all applications and policy change requests completed and payments received from the insureds.
  • If an effective date is contested the producer shall provide all required records and record all payments received at the request of either the Insurance Commissioner, the Plan Manager, or the assigned company.

Fraud or Misrepresentation
A producer shall not make false statements or misrepresentations, nor aid or abet any applicant in making false statements in connection with any application or other dealings with CAARP or assigned company.

Violations of CAARP's Producer Performance Standards
  • Violations are assigned by the Plan office on defective or missing application information. Only 1 violation will be charged per application, no matter how many violations are present on the application.
  • Violations are also charged on all producer performance complaints determined to be valid by CAARP.
  • If more than 10% of a producer's monthly application total has violations, the producer's performance will be monitored and warning or "step letters" will be generated and mailed to the producer.
  • A producer must submit a minimum of 3 applications per month for the violations to be counted.
  • CAARP's Manager can refer producers for immediate review by the Peer Review Subcommittee for serious violations, such as:
  • Suspected fraud or misrepresentation
  • NSF producer checks

Step Letter Procedure
  • Step Letter 1 - Sent when the producer exceeds the 10% standard for two consecutive months.
  • Step Letter 2 - Sent when the producer exceeds the 10% standard within the next 90 days.
  • Step Letter 3 - Sent when the producer exceeds the 10% standard within 90 days of receiving Step Letter 2. Producer is sent to CAARP's Peer Review Subcommittee for disciplinary action.

Peer Review Subcommittee
CAARP's Peer Review Subcommittee is made up of five certified producers who make recommendations to CAARP's Advisory Committee regarding producer performance issues. After reviewing the producer's performance the Peer Review Subcommittee may make any of the following recommendations:
  • No Action
  • Education (Attend or re-attend CAARP seminar)
  • Suspension of producer's certification (up to 1 year)
  • Revocation of producer's certification
  • The producer can apply for re-certification two years from their revocation date.
  • The Peer Review Subcommittee will determine whether the producer can become recertified with CAARP.

The Peer Review Subcommittee sends its recommendation to CAARP's Advisory Committee for a final decision. A letter is then sent to the producer notifying him/her of the decision of the Subcommittee/CAARP Advisory Committee.

In most cases decision letters are faxed and mailed Certified Mail/Return Receipt to the producer's office to ensure that the producer receives the notice. The producer has the right to appeal any decision of CAARP's Peer Review Subcommittee by sending a written request for an appeal to CAARP's office within 30 days from the decision letter. All Peer Review appeals are sent to the Department of Insurance for final decision.


Next Page >

 

© 2008, LunchTimeCE, Inc and AIPSO. All Rights Reserved.

Not only are policy forms, clauses, rules and court decisions constantly changing, but forms vary from company to company and state to state. This material is intended as a general guideline and might not apply to a specific situation.
The authors, LunchTimeCE, Inc. and AIPSO, and any organization for whom this course is administered will have neither liability nor responsibility to any person or entity with respect to any loss or damage alleged to be caused directly or indirectly as a result of information contained in this course.