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Code · California · Insurance Code

§ 12880.8

370 words·~2 min read·/ca/insurance-code/12880-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A pet insurer or producer shall not market a wellness program as pet insurance. Marketing materials for pet insurance shall be separate from marketing materials for wellness programs.
(b)If a wellness program is sold by a pet insurer or producer, all of the following shall apply:
(1)The seller shall clearly and conspicuously disclose during the sales process that the wellness program is not a regulated insurance product and that a pet owner may purchase pet insurance without having to purchase a wellness program.
(2)The purchase or renewal of the wellness program shall not be a requirement to the purchase or renewal of pet insurance.
(3)The costs of the wellness program shall be separate and identifiable from a pet insurance policy sold by the pet insurer or producer.
(4)A payment transaction for pet insurance shall be separate from a payment transaction for a wellness program.
(5)The terms and conditions for a wellness program shall be separate from the terms and conditions of a pet insurance policy sold by the pet insurer or producer.
(6)Documents and correspondence provided to a consumer regarding a wellness program shall clearly identify the entity providing the wellness program.
(7)The products or coverages available through the wellness program shall not duplicate products or coverages available through the pet insurance policy.
(8)The advertising of the wellness program shall not be misleading or false and shall comply with this section.
(c)Coverages included in the pet insurance policy contract described as “wellness” benefits are insurance.
(1)A wellness program sold by an insurer shall be deemed to be insurance.
(2)Notwithstanding paragraph (1), a wellness program sold by an insurer shall not be deemed to be insurance if all of the following are true:
(A)The wellness program services are provided by an entity other than an insurer.
(B)The wellness program is marketed under the name of the entity providing wellness program services.
(C)The wellness program does not constitute insurance pursuant to subdivision (e).
(e)If a wellness program undertakes to indemnify a person against loss, damage, or liability arising from a contingent or unknown event, it is transacting insurance and is subject to this code.
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