California · Insurance Code

INS §790.036: (a) It is an unfair and deceptive act or practice in the business of insurance for an insurer to advertise insurance that it will not sell.

Misdemeanor

What this law says, in plain English

Insurers cannot advertise insurance they will not sell. Intentional violations are misdemeanors punishable by fines up to $10,000. Some exceptions apply for unavailable products, underwriting guidelines, and out-of-state broadcasts.

Read the full statutory text

(a) It is an unfair and deceptive act or practice in the business of insurance for an insurer to advertise insurance that it will not sell. (b) Nothing in this section shall be construed to prohibit any insurer from advertising insurance products for which it is licensed to sell in this state where the product is not available for sale so long as the unavailability is disclosed in the advertisement. (c) A violation of this section is subject to the sanctions provided for by this article. (d) An intentional violation of this section is a misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000). (e) This section does not apply to any insurer that refuses to sell a policy of insurance on the basis of its underwriting guidelines. (f) This section does not apply to advertisements by an insurer where the advertisements are broadcast and originate from outside this state. As used in this subdivision, “broadcast” includes electronic media, television, and radio. As used in this subdivision, “originate from outside this state” includes cable transmittal of programs broadcast by stations located outside California.

Verify at the official source: California legislative text

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.