california travel insurance law

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Travel Insurance Regulations in California

1. What are the travel insurance regulations in California?

2. how do california travel insurance regulations differ from other states, 3. are there any specific requirements for travel insurance in california, 4. can travelers opt out of purchasing travel insurance in california, 5. what is the maximum coverage limit allowed for travel insurance in california, 6. are there any state-specific restrictions on pre-existing conditions for travel insurance in california, 7. is there a governing body or agency that oversees travel insurance regulations in california, 8. are there any state-mandated forms or disclosures that must be included with a travel insurance policy in california, 9. how does the cancellation and refund policy for travel insurance policies vary by state, including california, 10. are consumers protected by any consumer rights laws related to purchasing travel insurance in california, 11. do providers have to be licensed or registered to sell travel insurance in california, 12. what are the consequences of not complying with travel insurance regulations in california, both for insurers and consumers, 13. are there any specific types of events or emergencies that must be covered by a travel insurance policy sold in california, 14. does the minimum coverage required for international trips differ from domestic trips under california’s regulations, 15. can residents of other states purchase travel insurance policies issued by companies based in california, 16. how does the rate regulation process work for premium prices on travel insurance policies sold within or outside of california, 17. are insurers required to provide language translations of their policies for non-english speaking consumers in california, 18. what penalties can be imposed on companies found to have violated california’s regulations on selling or advertising travel insurance, 19. in what circumstances would an insurer be allowed to deny claims under the regulation laws of california on travel insurance, 20. are there any exemptions or exceptions that apply to travel insurance regulations in california, other articles, earthquake insurance tax laws in washington d.c., earthquake insurance coverage options in washington d.c., earthquake insurance industry associations in washington d.c..

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Insurance Consumer Rights in California (2022)

Insurance policies are contracts and legal rules come into play when you file an insurance claim.  You are “the insured” and your insurance company is “the insurer.”  Understanding how your insurer should handle your claim and what your rights are will help you navigate the process, be your own best advocate and collect all available policy benefits to cover your losses.

After disasters, it’s common for an insurer to rotate adjusters, which means you will have to work with multiple adjusters before your claim is resolved.  Knowing your legal rights will make it easier for you deal with rotating adjusters and keep your claim on track toward a fair and full claim settlement without unreasonable delays.

Your insurance company and its employees are required to be fair and reasonable and follow state laws and regulations. They must do a timely, thorough and unbiased investigation and assessment of your loss(es) and claim. They must work with you to adjust your claim and pay what they owe in a timely and fair manner and in full compliance with the policy contract and applicable laws.

Insurance company claim adjusters are supposed to be trained on your state’s laws and claim handling regulations, but it’s often up to you to make sure they’re valuing your losses fairly, offering all benefits you’re entitled to, and following the regulations and laws in your state.

Use the guidance and sample letters you’ll find on our website ( uphelp.org ) to “speak UP” and collect all benefits you’re entitled to under the policy you paid for.

The information included here will give you a basic understanding of how the claim process should go and the legal rights that give you leverage to get a fair outcome. Here are the four places where your rights as an insurance consumer are spelled out:

•  California Insurance Code (INS)
• California Insurance Regulations (Title 10, Chapter 5)
• Fair Claims Settlement Practices Regulations (Title 10, Chapter 5, Subchapter 7.5)
• Notices and bulletins issued by the  California Department of Insurance .

Claim Communications

UP strongly recommends keeping a daily claim journal.  As often as possible, jot down the date, time, and details of conversations, issues, problems and agreements with the adjuster assigned to your claim and other professionals such as contractors, government agencies, etc.

Also, we strongly recommend communicating in writing with insurance company representatives so there is a clear paper trail of how your claim is being handled. These days many communications will be via email, so make sure to save those emails where you can find them. After in-person or phone conversations with insurance company representative you should send short follow-up emails or letters summarizing what was said or agreed to. Document that you’re cooperating fully with the insurer.  This will prevent them from blaming you for delays and confirm that you’re holding up your end of the bargain.

Check out our “Speak UP” tips on being politely assertive, organized and avoiding delays and misunderstandings.

Time Frames and Deadlines

Below are timeframes and deadlines to be aware of. After a disaster, deadlines can become unrealistic due to shortages of available inspection, clean up and construction professionals.  Speak UP! Document the contractors or service providers you called, who you spoke with, and what they told you in your claim journal.  Sometimes following a natural disaster more work exists than skilled labor can support, and it is important to document that you kept trying to find someone to help protect your property following a loss.

Processing your claim

15 Calendar Days –  After receiving notice of your claim, your insurer should immediately acknowledge it, and if they do not they cannot take longer than 15 calendar days to acknowledge the claim. (Regulations Section 2695.5(e).)

Promptly –  After receiving notice of your claim, your insurer must promptly provide necessary claim forms, instructions, and reasonable assistance, including but not limited to, specifying the information the claimant must provide for proof of claim. Regulations Section 2695.5(e)(2).

Communicating information to you

15 Calendar Days –  Your insurer must reply to all pertinent communications from you that reasonably suggest a response is expected within 15 calendar days after receipt.  Regulations Section 2695.5(b).

Investigating your claim

40 Calendar Days –  Your insurer must immediately begin its investigation after receiving proof of claim. It must accept or deny your claim within 40 calendar days after receiving proof of claim unless the investigation cannot be completed within that time.  Regulations Section 2695.5(b). ; Regulations Section 2695.7(b)(c).

Paying or denying your claim

40 Calendar Days –  An insurer must accept or deny your claim within 40 calendar days of receiving proof of claim. Unless written notice is provided for additional time  Regulations Section 2695.7(b)(c)(1).

More time  – If the insurer needs more time to determine whether your claim should be accepted or denied, it must notify you in writing within forty calendar days after receiving proof of claim. Insurer must specify in writing any additional information the insurer requires in order to make a determination.  giving the reasons more time is needed. After the initial 45 calendar days the insurer must continue to provide written notice every 30 calendar days until a determination is made. Regulations Section 2695.7(c)(1).

Preserving your right to sue if necessary

There is typically a deadline in your insurance policy for filing a lawsuit related to a claim. Check your policy for a “suit against us” provision, or similarly worded provision, to find that deadline.  It’s typically 12 months from the date of loss or the date your insurer closes your claim.  However, the laws in your state that apply to lawsuit deadlines may extend the period stated in your policy, so it’s best to check with an experienced California state attorney to avoid losing your legal rights and the leverage those rights give you to get a fair payout on a claim.

Unfair Claim Practices

Your insurer is prohibited from using unfair claim practices and/or treating you badly during the claim process. These practices are set out in the California Insurance Code (INS)  and in the California Insurance Regulations (Title 10, Chapter 5) .  California has adopted the Unfair Insurance Practices Act The following are a few examples listed in the California Insurance Code Section 790.03 (h)

Specific  Unfair claim settlement practices defined :

The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance.

Knowingly committing or performing with such frequency as to indicate a general business practice any of the following unfair claims settlement practices:

• 1) Misrepresenting to claimants’ pertinent facts or insurance policy provisions relating to any coverages at issue.
• 2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
• 3) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.
• 4) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.
• 5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
• 6) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.
• 7) Attempting to settle a claim by an insured for less than the amount to which a reasonable person would have believed he or she was entitled by reference to written or printed advertising material accompanying or made part of an application.
• 8) Attempting to settle claims on the basis of an application that was altered without notice to, or knowledge or consent of, the insured, his or her representative, agent, or broker.
• 9) Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made.
• 10) Making known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
• 11) Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
• 12) Failing to settle claims promptly, where liability has become apparent, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
• 13) Failing to provide promptly a reasonable explanation of the basis relied on in the insurance policy, in relation to the facts or applicable law, for the denial of a claim or for the offer of a compromise settlement.
• 14) Directly advising a claimant not to obtain the services of an attorney.
• 15) Misleading a claimant as to the applicable statute of limitations.
• 16) Delaying the payment or provision of hospital, medical, or surgical benefits for services provided with respect to acquired immune deficiency syndrome or AIDS-related complex for more than 60 days after the insurer has received a claim for those benefits, where the delay in claim payment is for the purpose of investigating whether the condition preexisted the coverage. However, this 60-day period shall not include any time during which the insurer is awaiting a response for relevant medical information from a health care provider.

Remedies: Filing an official complaint with your State Insurance Agency

The California Department of Insurance oversees how insurance companies operate in the state. They can impose penalties on your insurance company if they it did not comply with the laws in your state that require insurers to handle claims fairly and in good faith.

Visit Insurance Resources for California resources and tips on the process and strategy of filing a formal complaint.

You can call the Office of the Insurance Commissioner consumer hotline with any questions or complaints toll-free at 800-927-4357 or TDD/TYY 800-482-4833, or email any insurance questions you might have. You can also file a complaint online, by creating an account at https://cdiapps.insurance.ca.gov/CP/create-complaint-page/  simply select “Create a Complaint” for an online form. Their mailing address is:

CDI Headquarters Offices

Los Angeles Office 300 South Spring Street, 14th Floor Los Angeles, CA 90013

Oakland Office 1901 Harrison Street, 6th Floor Oakland, CA  94612

Sacramento Office 300 Capitol Mall, 17th Floor Sacramento, CA  95814

Special rules that may be in place after a disaster

Check the California Department of Insurance website regularly to find all rules, regulations, or other updates they may have put out that are specific to the disaster.   http://www.insurance.ca.gov/

After past disasters, special rules have been put into place such as:

• Requirements that insurers advance funds for temporary expenses instead of requiring you to incur and submit receipts.
• Requirements that insurers extend deadlines for submitting proofs of loss and other documents.
• Agreements with insurers that they will accept less detailed contents inventories.

Hiring Professional Help

When you paid your premium, you paid for coverage  and  good claim service. In theory, you should not have to hire outside help to get what you already paid for. However, in reality, you may need to.  You have the right to hire an attorney or public adjuster to help navigate your claim. However, we urge caution before agreeing to pay a portion of your insurance benefits to any professional, and before hiring anyone to speak for you or negotiate on your behalf with your insurance company. Only hire someone who has strong references and who is likely to add value to your claim and recover more funds more quickly than you’d be able to recover on your own.

Attorneys  – If you hire an attorney to resolve an insurance claim dispute, try to hire them on a contingency (not hourly) fee basis and agree to advance litigation costs. Claim disputes are time-consuming, so it gets expensive fast when you pay by the hour.  Ideally, arrange for one or two qualified attorneys to do an initial evaluation of your situation free of charge.  Only hire one that has represented insurance consumers in claim disputes and is a member in good standing of the California Bar. Visit our California Professional Help Directory . We strongly recommend reading our publication titled “Questions and Answers for Hiring an Attorney for an Insurance Claim” before making this important decision.

Public Adjusters – A qualified public adjuster can value your losses, handle the day-to-day aspects of your claim and negotiate a settlement on your behalf. Generally speaking, if you hire a public adjuster, you agree to pay them a percentage of the insurance benefits they recover on your behalf – not an hourly fee. California public adjusters can also be found by visiting our California Professional Help Directory.   We strongly recommend reading our publication titled “Questions to Ask Before Hiring a Public Adjuster” before making this important decision.

Using the Legal System to get a Fair Settlement

If you haven’t been able to get a fair insurance claim settlement on your own or with help from a professional and/or your state’s insurance oversight agency, filing a lawsuit is your next option. If your lawsuit is successful, you can recover what the insurer owed and (ideally) also get compensation for the expenses you incurred chasing the policy benefits you were entitled to in the first place. Your success in using the legal system to get a fair settlement will depend on the quality of the lawyer(s) you hire, the laws in your state and the facts in your case.

It’s common to worry that a lawsuit will be too time consuming or expensive (or both), but if you get the right lawyer and your case is strong, suing an insurer is often the best and only way to recover what you’re owed. Finding a qualified lawyer is essential. Insurance matters require specialized expertise and you need a strong advocate who speaks the language and has previous experience litigating against an insurance company.

Start in our  “Find Help”  section and click on your state to find professionals who specialize in representing policyholders and support United Policyholders. You’ll find many lawyers on the Internet that advertise as insurance specialists, and many of their websites have a chat window that pops up as soon as you visit their site. Speak directly to the lawyer who’d be handling your case and interview them about their insurance and litigation experience. Get and check client references. A lawsuit is a major undertaking but is often the best way to get full compensation, so be an astute consumer and choose your attorney carefully.

The cost of hiring an attorney varies from firm to firm.  The two main options are attorneys who charge by the hour and those who work on contingency. For most policyholders, hiring an attorney on a “contingency” fee basis is the only feasible way of doing battle with a well-funded insurance company. Hourly fees for lawyers vary according to firm size, experience of the attorney, and geographic location. While attorneys who work on contingency usually set their fee at 33% of the amount they recover on your behalf, that may increase to 40% if your case goes to trial.  Most cases settle before trial. In some states you may not have the option of hiring an attorney on a contingency fee basis.

Using the legal system gives you leverage to get a better settlement and a lawsuit is a valuable tool. For more guidance on what to consider before suing your insurance company, read  Hiring an Attorney for an Insurance Claim .

Best Practices

Visit and use our California Wildfires – Insurance Claim and Recovery Help Library to get information throughout the recovery process.  Follow these steps:

Inventory and document your losses . Take pictures of identifiable items before they’re removed for disposal or repairs before your lot gets cleared.  Create detailed lists of damaged property. If your home was seriously damaged or completely destroyed, get at least one, ideally two, independent repair/replacement cost estimates.

Cooperate with your insurer as best you can and keep a good paper trail.   If you are not able to stay in your home, make sure the company has an address and phone number where it can reach you.

Be present for inspections.  It’s a good idea to be home when the adjuster and or others inspect your property. Feel free to ask your contractor to be there with you to explain his/her opinions and estimates to the insurance company’s representatives.

Make only urgent/temporary repairs before filing a claim.  Your insurance company may deny your claim if you make permanent repairs before it inspects. If you’re not sure if your company considers a repair to be permanent, ask your company (in writing) before starting any repair work. The cost of these repairs and for storing personal belongings is likely covered by your policy.

Keep receipts.  Your insurer will usually require you to provide receipts before they’ll reimburse you for expenses due to losing the use of all or part of your property. This is also true for collecting full replacement costs above depreciated/actual cash values. On our website you’ll find a free expense spreadsheet to help you keep track.

Speak UP .  Be politely assertive, communicate clearly, and set realistic goals during the claim process.

Federal Paid Sick Leave Rights (2020): A Comprehensive Guide for Employees Coronavirus: A Guide to California Workers' Rights

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Travel Time Pay Rules in California (2024): The Ultimate Guide

Posted January 31, 2020 by lewislaw & filed under Employment Law Articles .

Last Updated:

• January 18, 2024

A comprehensive guide to travel time pay rules in California —when employees are entitled to be paid for travel time and how to recover those lost wages.

Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties.

Find out how much of your travel time should be paid and how you can recover it.

Article Contents:

Section #1: types of travel time that should be paid, types of travel time that should be paid.

• Time when you actually perform work (i.e. sending email, making phone calls, etc.); OR
• Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time.

When is an employee considered to be "Performing Work"?

Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. On the way home from work, she is required to return to the storage facility to unload the tools, clean them, and make sure they are locked up for the night. 

Mary is entitled to be compensated for the time spent loading, unloading, and cleaning the tools, as well as for the time she spends traveling between the storage facility and company headquarters. This is because these activities add time and exertion beyond what her normal commute would require. In other words, she is performing actual work for her employer during that time.

When is an employee “subject to control” of the employer?

Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. The key question is what does your employer require you to do?

• Does your employer require you to travel to work in a company vehicle?
• Does your employer require to follow certain when traveling to or returning from work each day?

Examples where the employee should be paid for travel time

• When the employer provides transportation to a jobsite (example: a bus) and requires that employees only use that form of transportation to get to work.
• When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations.
• When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.).

Examples where the employee is not entitled to be paid for travel time

• When the employee is making the normal commute between home and work.
• When the employer provides transportation to a jobsite (example: a bus or company van) but does not require that employees use of that mode of transportation to arrive at the job.
• When, during required overnight travel, the employee takes time to do personal things like go out to dinner, go sight-seeing, or sleep.

[ return to top ] 

Section #2: When Should You Be Paid For Travel Time?

When should you be paid for travel time.

Travel when overnight stay is required

• Conferences
• Sales meetings
• Continuing education requirements

From the Law:

Travel from one workplace to another in the same day, travel from home to work when there is no fixed workplace, if you are required to report to a work location that is farther away than your normal work location., if you have no fixed job site and are required to travel an unreasonable distance to get to work., travel from home to work in a work vehicle, travel when you work from home (virtual or remote employees).

More than 8 million people now work exclusively from home. In California nearly 6% of workers work from home , a percentage that almost doubles when you look at some locations in the San Francisco Bay and Los Angeles areas.

Section #3: How Much Should You Be Paid for Travel Time?

How much should you be paid for travel time.

You must be paid at least minimum wage or your regular hourly rate for travel time.

Employers can pay a lower hourly rate for travel time..

• Provide you notice prior to the travel time.
• Separately track your travel time.
• Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub.

Section #4: How to Calculate Your Travel Time Pay

How to calculate your travel time pay.

Calculating your travel time pay

How to calculate overtime (based on travel hours), reimbursement for travel expenses (mileage), section #5: how to recover your travel time pay, how to recover your travel time pay.

There are strict time limits for recovering your unpaid travel time

Recovering travel time pay while you are still working at the company.

• Discrimination
• Retaliation
• Firing/Termination
• Reduction in Pay
• Reassignment of Position
• Other Adverse Employment Actions

Recovering travel time pay if you do not want to file a lawsuit

Section #6: choosing the right attorney, choosing the right attorney.

Questions You Can Use to Interview Attorneys

• Do you practice employment law?
• What is your level of experience dealing with travel time cases?
• Have you had favorable outcomes? (Most attorneys will be able to answer this question. But they might not be able to tell you how much they have won in these types of cases if there is a confidentiality agreement in place. Attorneys are obligated to keep confidential settlements confidential.)
• What do you think is the best strategy for handling my case keeping in mind my goals? (tell the attorney about your goals for resolving the case)
• How long will it take to resolve my case?
• What is your fee structure?
• What does your fee include and exclude?

After speaking with the attorney, consider the following questions:

• Was the attorney responsive?
• Did the attorney answer your questions?
• Did the attorney inspire confidence in you that he or she knew the subject matter?
• Is the attorney someone you feel you can trust?

Section #7: Hire an Experienced Travel Time Pay Attorney

Hire an experienced travel time pay attorney.

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2009 California Insurance Code - Section 1752-1757 :: Article 15. Travel Insurance Agents

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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2023 brings new insurance protections for California consumers

Ricardo Lara this past legislative session take effect.

The new laws address climate change, expand health access and reproductive care, preserve health protections, protect against fraud and ensure public safety.

Gov. Newsom is essential to my Department's mission of bringing fairness for all in our oversight of the nation's largest insurance market. I look forward to putting these eleven new laws into effect while taking further actions that benefit California consumers."

New laws that start taking effect on January 1, 2023 include:

Cristina Garcia , directs the creation of a statewide extreme heat advance warning and ranking system based on climate and health impact information by the California Environmental Protection Agency , in coordination with the Department of Insurance and the Integrated Climate Adaption and Resiliency program in the Governor's Office of Planning and Research . This would be the nation's first-ever extreme heat wave ranking system when it is finalized by January 1, 2025 .

Bill Dodd , authorizes the creation of Climate Resilience Districts statewide to help communities mitigate risk in advance of a disaster and promote recovery, a recommendation from the Department of Insurance's first-ever climate insurance report that would improve access to insurance for all, so that we can better prepare ourselves from increasing climate change-related threats. CivicWell was also a co-sponsor to this measure.

Cristina Garcia , establishes the "Reproductive Health Equity Program" to make available grants to providers who offer reproductive and sexual health care free of cost to patients with low incomes and those who lack health care coverage for reproductive health services, including consumers who come to California from other states that have decreased access to abortion care services. The grants afforded under AB 2134 are in addition to $40 million appropriated in the enacted 2022-23 State Budget to help cover these important health care services. Planned Parenthood Affiliates of California , NARAL Pro-Choice of California, Access Reproductive Justice, Essential Access Health , and the National Health Law Program were also co-sponsors to this measure.

Isaac Bryan , aligns the definition of student blanket policies that are purchased by colleges and universities with the federal Affordable Care Act (ACA). This alignment is necessary to ensure state regulatory oversight and that consumer protections under the ACA are also applicable to these student health policies sold through a university or college to their enrolled students, including Dreamers and refugee students.

Miguel Santiago , is an important follow-up measure to Commissioner Lara's previously sponsored "Parent Healthcare Act" last year, that would clarify and strengthen notice requirements for Medicare-eligible older adults who are seeking to be added as dependents to their adult child's individual health insurance policy or health care service plan contract.

Ken Cooley , creates a "safe harbor" by stating that an individual or firm providing insurance or related services to a state legal cannabis business does not commit a crime under California law solely for providing that insurance or related service.

Lena Gonzalez , brings thousands of entrepreneurial sidewalk food vendors into a more equitable and well-regulated food economy by updating the "Safe Sidewalk Vending Act," which Commissioner Lara authored in 2018 as a member of the California State Senate to end the criminalization of sidewalk vending. Inclusive Action for the City, Public Counsel, the Coalition for Humane Immigrant Rights , the Community Power Collective, and the Western Center on Law and Poverty – all part of the California Street Vendor Campaign – were also co-sponsors to this measure.

Susan Rubio , authorizes the Insurance Commissioner to order restitution from persons who sell insurance without the necessary license from the Department of Insurance , including "extended vehicle warranties" sold illegally through robocalls and misappropriation of consumers' and businesses' premiums, among other insurance scams.

SB 1242, authored by the Senate Committee on Insurance , bolsters anti-insurance fraud efforts essential to protecting consumers from unnecessary economic loss by further clarifying agent-broker anti-fraud education requirements as well as the process by which alleged fraud is reported to the Department of Insurance , in addition to other consumer protection proposals.

New laws that start taking effect in July 2023 include:

Wendy Carrillo , requires health insurers and health plans offering coverage through Covered California to report annually to the Department of Insurance and the Department of Managed Health Care the total amount of abortion funds. This new law will require transparency and disclosure from health carriers to regulators regarding the amount of separate abortion premium payments that are being collected from policyholders and distributed as claims. As we consider options available for payment of abortion services, this new law will help regulators and policymakers identify available funds to support abortion patients in California. Planned Parenthood Affiliates of California and the National Health Law Program were also co-sponsors of this measure.

Reggie Jones-Sawyer Sr ., requires all bail fugitive recovery agents, commonly known as "bounty hunters," to be licensed by the Department of Insurance to ensure that appropriate education and training requirements are met prior to licensure and that all applicants successfully pass fingerprint-based background checks, obtain an appointment from a licensed bail agent or surety insurer, and maintain a minimum $1 million liability insurance policy so that harmed consumers have an avenue to collect damages.

In addition to these new laws, in October, Commissioner Lara enforced the nation's first wildfire safety regulation to help drive down the cost of insurance for Californians at risk of wildfires, further protecting vulnerable consumers across the state. Commissioner Lara's regulation is the first in the nation requiring insurance companies to provide discounts to consumers under the Safer from Wildfires framework created by the Department of Insurance in partnership with state emergency preparedness agencies.

The regulation is now state law and enshrined in the California Code of Regulations. Under the new regulation, insurance companies are required to make new rate filings including wildfire safety discounts and comply with new transparency measures starting in April 2023 .

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Travel Insurance

Last Updated: 12/21/2023 Issue:  Travel insurance is a type of insurance for risk associated with traveling such as loss of luggage, trip cancellation and delays. The popularity of travel insurance is increasing. According to the U.S. Travel Insurance Association (UStiA), during 2018-2020  consumers spent approximately $1.72 billion  on various types of travel insurance products, a reduction from the previous high of $4 billion in 2016-2018's study. The drop is likely due to the impact of COVID-19 on personal travel.

Background:  Travel insurance gives consumers peace of mind when booking a trip that they will be reimbursed for part of, or all their expenses should an undesirable event occur that prompts cancellation or interruption of the trip. Policies are generally good for U.S. and international travel and usually  cost between 4-8%  of the total trip price.

The main types of travel insurance include:

• Trip Cancellation/Interruption/Delay  insurance reimburses all pre-paid and non-refundable travel expenses if an individual is prevented from taking all or part of their trip. These policies may reimburse the traveler for part of the vacation should they become seriously ill or injured during the trip or if a flight is delayed, requiring an overnight stay in a hotel. This is the most popular type of travel insurance purchased; trip cancellation/interruption policies  comprise almost 90% of travel protection  plans purchased in 2018, according to the UStiA. In 2020,  47% of trip cancellations  were COVID-related.
• Baggage Loss/Delay or personal effects insurance  is considered secondary coverage and covers the traveler's lost, stolen, or damaged baggage and personal items. While consumers may have some coverage via homeowner's policies or credit card companies, baggage loss policies can offer additional protection for coverage gaps.
• Travel Medical insurance  offers secondary health and accident insurance in case of illness or injury while traveling as most standard health insurance plans and Medicare likely will not provide coverage abroad. Additionally, a number of countries, including  most of the E.U . , may require proof of medical insurance in order to receive a visa.
• Medical Evacuation insuranc e covers costs related to medical emergency transport to licensed medical facilities. Most U.S. health insurance companies will not pay for repatriation or transport to the nearest appropriate medical facility when overseas. Medical evacuation insurance accounts for  about 6.3% of travel insurance plans sold,  according to the UStiA.
• Cancel For Any Reason:  Cancel for any reason (CFAR) coverage augments trip cancellation insurance by allowing the insured to cancel their trip and receive a partial refund (50%-75% of the total price) for any reason not covered in the original trip cancellation plan. CFARs offer more flexibility than trip cancellation insurance alone. Usually, certain criteria need to be met to qualify for coverage such as purchasing the policy within a specified time frame, insuring the entire full cost of the trip, and adhering to cancellation restrictions (CFARs typically only allow the traveler to cancel their trip 48 hours or more before the departure date). Because of the comprehensiveness and flexibility CFAR policies offer, they will add close to  50% to the total travel insurance cost . The more expensive the trip, the more a CFAR policy will cost out-of-pocket.

Policy Exclusions As with any insurance policy, it is good practice to check not only what is included, but what conditions are excluded from the policy as well. Although every policy is different, some of the most common travel policy exclusions are:

• Pre-existing health conditions
• Civil and political unrest at the traveler's destination
• Pregnancy and childbirth
• Coverage for those engaging in risky activities such as bungee jumping, backcountry skiing, snowboarding, etc.

Non-Insurance Coverage Travel insurance products are frequently bundled together with non-insurance products and sold as a package. Even though products and services may be bundled together, only the insurance products have the oversight of state insurance departments. Two of the most common non-insurance travel products are cancellation fee waivers and travel assistance services. Cancellation fee waivers provide coverage for fees that may be incurred when cancelling travel plans. Travel assistance services provide things like translation assistance, referrals to medical services, and assistance with lost luggage or travel documentation.

Status:  In November 2015, the U.S. Travel Insurance Association and the Tourism and Travel Industry Consumer Coalition raised concerns regarding lack of specificity and consistent application of regulation of the travel insurance industry to the Property and Casualty (C) Committee. This prompted the committee to appoint a Travel Insurance (C) Working Group in 2016 to consider development of a model law or guideline to establish appropriate regulatory standards for the travel and tourism insurance industry. During the year, the Working Group drafted the model law using the  National Conference of Insurance Legislators (NCOIL) Travel Insurance Model Act  as a starting point. This model law defines regulatory structure related to travel insurance and covers market regulation, premium tax, rate regulation, and enforcement. The model was adopted by the NAIC membership in December 2018. The International Travel and Health Insurance Journal  reports  that, as of March 2023, "29 of the 50 states have adopted the rule in some shape or form."

In 2019, the Market Conduct Examination Standards (D) Working Group added some standards relating to travel insurance. A summary of these changes is  available here .

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​​​For bargaining units with an existing Memorandum of Understanding (MOU), if the MOU contains travel language that is in conflict with this language, the MOU language shall be controlling with the following exception: ​​​​​​​  the meal and short-term lodging reimbursement rates listed below are applicable to all excluded state employees as well as all rank and file state employees on authorized travel status.

Exe m pt, excluded, and represented state employees may be eligible for the reimbursement of authorized out-of-pocket expenses that are reasonably, actually, and necessarily incurred as a result of conducting state business. In accordance with current state policy, employees may be eligible to receive reimbursement for expenses such as:

• Method of travel (transportation)
• Meals and incidentals
• Short-term lodging
• Out-of-state travel
• Out-of-country travel
• Personal vehicle mileage 
• Other actual and necessary business and/or travel costs incurred while conducting official state business

HR Manual sections 2201 – Travel and Relocation Policy , 2202 – Mileage Reimbursement , and 2203 – Allowances and Travel Reimbursements provide additional information about travel reimbursements, including links to authorities and resources. To learn more about recent and upcoming changes to the travel program, please see CalHR's new  Travel Frequently Asked Questions page .​

Meal and Incidental Rates

The following reimbursement rates for meals and incidentals are maximums, not allowances.  In the event of an audit, employees must be able to produce receipts substantiating the amount claimed.

HR Manual section 2203 – Allowances and Travel Reimbursements provides additional information, including travel timeframes (fractional day of travel, trip of less than 24 hours, trip of more than 24 hours, etc.).

​**As noted in HR Manual section  2203 – Allowances and Travel Reimbursements , receipts are not required to claim meal and incidental expenses up to the maximum allowable reimbursement rates specified above. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of the actual expense. The employing department may request receipts at any time.​​​

Personal Vehicle Mileage Reimbursement Rates

HR Manual section 2202 – Mileage Reimbursement provides additional information, including the following policies: personal vehicle mileage reimbursement, private aircraft mileage reimbursement, and receipts.

Employees must have advance approval to drive a personal vehicle on state business. 

Effective dates for represented employees may be found in the applicable  MOU . 

Claims for travel prior to a new rate's effective date shall receive the prior rate.

For historical mileage reimbursement rates, please review the State Controller's Office's Payroll Procedures Manual, Section N . ​

2023 Personal Vehicle Mileage Reimbursement Rates

*Unless otherwise stated in the applicable MOU, the personal aircraft mileage reimbursement rate is the applicable “Private Aircraft” rate provided in this chart​.​

2024 Personal Vehicle Mileage Reimbursement Rates

​ Mile age reimbursement covers:

• The cost of maintenance (oil, lube, routine maintenance)
• Insurance (liability, damage, comprehensive and collision coverage)
• Licensing and registration
• Depreciation and all other costs associated with operation of the vehicle ​

Short-Term Lodging Reimbursement Rates

​HR Manual sections 2201 – Travel and Relocation Policy and 2203 – Allowances and Travel Reimbursements provide additional travel policy information, including lodging reimbursement policy and the excess lodging request approval process.

• Employees who incur approved overnight lodging expenses may be reimbursed.
• Employees must stay at a commercial lodging establishment catering to short-term travelers, such as a hotel, motel, bed and breakfast, public campground, etc.
• Employees must provide a receipt to claim reimbursement; no reimbursement will be paid without a receipt.  

Should the base room rate exceed the rates noted below, an  Excess Lodging Rate Approval Request (STD 255C) must be submitted and approved by your department and/or CalHR before the trip takes place.

Maximum Lodging Reimbursement Rates per Night

**Effective Dates for Maximum Lodging Reimbursement Rate Through December 31, 2023: ​ BU 1, 3, 4, 11, 14, 15, 17, 20, and 21: 4/1/2017  BU 2: 9/13/2016  BU 5: 8/1/2017  BU 6: 7/3/2018 BU 7: 9/13/2016  BU 8: 4/1/2017  BU 9: 9/13/2016. Exception: effective 7/1/2016, the rate for Alameda, San Mateo, Santa Clara is $140.  BU 10: 10/11/2018  BU 12: 3/15/2017  BU 13: 3/15/2017  BU 16:  5/2/2017  BU 18: 3/15/2017  BU 19: 4/1/2017  Excluded: 7/1/2016 

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California and Bay Area Consumer Attorneys: Travel Insurance Plans From Travelex and Transamerica Casualty Insurance Company

Oct 30, 2019 by Ingrid Evans | Share

ATTORNEY NEWSLETTER

Single Trip Travelex Travel Insurance Plans

Cancellations, Coverages, and Refunds

Ever bought travel insurance before going on a big trip? Did you cancel your trip before departure?  Travel insurance is intended to reimburse those who have unforeseen circumstances either prevent or ruin their trip. One of the world’s largest travel insurance providers is Travelex Travel Insurance, which sells travel insurance policies issued by Transamerica Casualty Insurance Company. Travelers can purchase Transamerica’s “Travelex Travel Insurance” through a number of distribution channels, including from a travel agent (either online or traditional “brick-and-mortar”), the Travelex website, a travel service provider’s own website or other web-based booking platforms offered by third parties. Travelex offers several plan options issued by Transamerica: “Travel Basic,” “Travel Select,” “Travel Max,” “Business Traveler,” and “Flight Insure Plus.”

All of these Travelex/Transamerica plans have different rules for pre-departure occurrences versus post-departure occurrences. The more coverage you buy, the higher your premium. There are lots of post-departure coverages like lost baggage, medical evacuation and the like. The insurance carrier cannot be on the hook for those claims if you never leave. But if you cancel before you leave, do you get your money back?

If you cancel your travel plans before departure you may be entitled to a refund of the premium paid.  If you live anywhere in the United States, contact Evans Law Firm in California toll free at (888)-50EVANS (888-503-8267).  Our attorneys can review your travel insurance plan and advise you as to whether you may have any claims against Travelex, Transamerica Casualty Insurance Company or another carrier.

Ingrid M. Evans and the other attorneys at Evans Law Firm handle various consumer, securities, financial elder abuse and annuity and life insurance cases. Ingrid and the other attorneys can be reached toll free at (888)-50EVANS (888-503-8267), or by email at <a href=”mailto:[email protected]”>[email protected]</a>. Our attorneys have experience with complex financial contracts and large insurance companies.  We can help guide your case through a jury trial or toward an equitable settlement.  We also handle cases involving physical and financial elder abuse, qui tam and whistleblower law, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.

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Posted on September 26, 2023

“Travel Time” in California – 5 Key Things to Know

In California, travel time is when your employer requires you to be at a designated place and controls how you get there . Because of this control, travel time is compensable in California. It often occurs when your employer makes you go from one worksite to another , or use the employer’s transportation from a designated meet-up spot.

Five key things to know about travel time are:

• it does not cover your normal commute ,
• it has to be at least the minimum wage ,
• it can result in overtime pay ,
• California laws are more generous to workers than federal law, and
• you may also get mileage reimbursement .

1. Travel time does not cover your normal commute

Under California law, your “ hours worked ” are those that your employer either:

• suffered or permitted you to work, or
• subjected you to the employer’s control. [1]

California courts have ruled that this does not cover your normal commute to and from your work location. You can choose how to commute and can do purely personal pursuits on the way to or from the job site. Therefore, there is insufficient control exerted by your employer to make it compensable time. [2]

However, there are some circumstances where your employer exerts enough control to change your commute time and entitle you to employee travel time.

For example : Raymond is a farm worker. His employer requires him to drive to a parking lot and then to take the employer’s bus to the work site. The portion of Raymond’s commute in the bus is compensable travel time because he is under the control of the employer. [3]

2. Travel time pay has to be at least the minimum wage

California labor law requires all of your hours worked to be compensated with at least the minimum wage . This includes your travel time .

If your employment agreement does not specify your travel time pay, then it must be paid at your regular rate of pay . However, many employers specify a lesser hourly rate for travel time. So long as this different rate is at or above the minimum wage, it is allowed.

3. It can add work hours and entitle you to overtime pay

If you are a nonexempt worker , the hours you work in travel time can put you over the daily or weekly limit and entitle you to overtime pay .

California’s wage and hour laws protect nonexempt employees. They are entitled to:

• meal periods and rest breaks , and
• overtime pay.

That overtime pay is one-and-a-half, or 1.5, times your regular rate of pay . You get this higher rate of pay for every hour you work in excess of:

• 8 hours in a workday,
• 40 hours in a workweek , or
• 6 consecutive days in the workweek. [4]

You can also be entitled to double-time pay , or twice your regular rate of pay , for hours worked more than :

• 12 hours in a single workday, or
• 8 hours on the 7th consecutive day of a workweek. [5]

Because travel time is “hours worked,” it can push you over these limits and entitle you to the applicable overtime rate. Many workers do not realize how easily travel time can add to the number of their regular work hours.

4. California law is more generous than federal employment law

California employment law is more generous than federal law regarding travel time. Regulations for the federal Fair Labor Standards Act (FLSA) define “ work time ” as when you are “ suffered or permitted ” to work. [6] The extent of your employer’s control over you is not a factor under federal law.

This means that circumstances where your employer is controlling you but you cannot work would not be compensable under federal law. This makes it less likely that you would be entitled to travel pay under federal law.

5. Work-related travel can also entitle you to a mileage reimbursement

If you use  your own transportation or personal vehicle during travel time, you may also be entitled to mileage reimbursement in California.

State law requires California employers to cover their employee’s expenses during employer-required travel. [7] This includes reimbursing you for your:

• gasoline costs,
• vehicle depreciation from normal wear and tear,
• car maintenance and repair costs,
• fees for vehicle registration, and
• auto insurance.

Your employer must have a valid means or method of determining the amount of these reimbursements. [8] Many companies use the Internal Revenue Service’s (IRS) reimbursement rates for travel expenses.

What can I do if my employer is not paying me travel time pay?

If your employer is not paying you for your travel time, you can file a wage and hour claim . This can recover your unpaid wages, plus interest and attorney’s fees and court costs. It can be filed as a lawsuit or as a claim with the Labor Commissioner at the California Division of Labor Standards Enforcement (DLSE).

Legal References:

[1] 8 California Code of Regulations (CCR) 11040(2)(K) (also known as the Industrial Welfare Commission (IWC) Wage Order No. 4-2001 ).

[2] Morillion v. Royal Packing Co. , 22 Cal.4th 575 (2000) .

[4] California Labor Code 510 LAB.

[6] 29 CFR 785.11.

[7] California Labor Code 2802 LAB.

[8] Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal.4th 554 (2007) .

About the Author

Neil shouse.

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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RV insurance in California

When you want to hit the road without leaving home behind, an RV can be the perfect solution. Regardless of whether you're taking a short or long trip, or even if your RV is your primary residence, you'll need certain coverages to comply with state law and enjoy some peace of mind.

Explore Progressive's editorial standards for Answers articles to find out why you can trust the insurance information you find here.

What are California's RV insurance requirements?

Class A, Class B, and Class C motorhomes can move under their own power. As such, the legal requirement for RV insurance in California for motorhomes is the same as for regular cars, trucks, and vans in terms of liability coverage:

• $15,000 in bodily injury per person
• $30,000 in total bodily injury per accident
• $10,000 in property damage per accident

The only time you don't need liability coverage for an RV is if it can't move under its own power – in other words, if it needs to be towed, like a pop-up or travel trailer. The liability coverage on the policy for the vehicle that tows the trailer would cover the trailer, too. However, if you want comprehensive or collision coverage for the trailer, you have to purchase a separate RV insurance policy for that.

How does $125/year * for RV insurance sound to you? We offer liability policies that start as low as that – get an online RV insurance quote to determine what a policy would cost for your RV.

What's included in a California RV insurance policy?

Bodily injury and property damage liability.

Liability coverage can pay for damages you cause to others if you're at fault for an accident. Bodily injury pays for medical bills, and property damage pays for damage to someone else’s property. It can also cover legal fees associated with the incident.

Comprehensive and collision coverage

Collision and comprehensive coverages may pay for repair or replacement of your RV no matter who's at fault or even when no one is at fault. These are generally optional coverages, but if you're leasing your RV or paying off a loan, your lender may require one or both.

Comprehensive coverage covers costs for repairing or replacing your RV when events beyond your control, like vandalism, extreme weather, fire, and collisions with wild animals, cause damage.

Collision coverage covers your vehicle from damage that results from accidents, including collisions with other vehicles and objects like trees or road signs.

What if I live in my RV full-time?

Full-time RV insurance policies are different from standard recreational policies, so when you're shopping for California RV insurance, be sure to specify whether you plan to live in your RV most or all the time. These are some of the key differences between recreational and full-time policies:

• Loss assessment : This coverage may pay for costs to repair the property where your vehicle is parked.
• Medical payments : Medical payments coverage may pay for medical bills if someone hurts themselves in your RV or the surrounding area.
• Personal liability : Personal liability coverage may cover you if you’re liable for another party’s injuries or damages while your RV is parked.

Other RV coverages available in California

Progressive lets you customize your RV insurance with a range of optional coverages such as:

Pest Damage Protection℠ can help pay for repairs when a wild animal like a bird or raccoon damages your RV. **

Roof Protection Plus ® can pay to replace or repair the damaged roof of your motorhome, even if the damage is the result of normal wear and tear ** .

Replacement cost/personal effects can help you repair or replace belongings in the RV that have been lost or damaged during a covered incident.

Roadside assistance can pay for a tow to the nearest repair shop if your RV gets a flat tire or otherwise breaks down.

Pet coverage can pay for up to $1,000 in veterinary expenses if your pet is injured in a covered accident.

Total loss replacement pays for the cost of a brand-new RV if yours is totaled in a covered incident.

Emergency expense coverage can pay for travel and hotel costs if your RV is inoperable due to a covered event when you're over 50 miles from home.

Learn about all the available RV insurance coverages .

How much is RV insurance in California?

As with standard auto insurance, California RV insurance rates are personal and based on many factors, including:

• Type and model : Bigger, newer RVs are generally more costly to insure than smaller ones. Motorhomes are usually more expensive to insure than travel trailers.
• Use : The more you use your RV, the more you're likely to pay to insure it.
• Claims history : Your history of making insurance claims can affect your rates.

Learn more about how RV insurance rates are calculated.

Even if you're looking to insure a little pop-up trailer, you can get a pop-up trailer insurance quote online. We cover all kinds and sizes of RVs.

How can I get lower rates for RV insurance in California?

If you're looking for discount options, we've got them. Check out the possibilities:

• Multi-policy discount : Bundling multiple Progressive policies can help you save.
• Homeowner : Owning a home, condo, or single or double-wide will lower your rates even if you don't insure it with Progressive.
• Original owner : If you're the vehicle's first owner, you'll pay less to insure it.
• Accident-free : A clean driving record for the last three years can lower your premium.

Find out more about all the RV insurance discounts we offer.

How to get RV insurance in California

Customize your coverage to fit your RV and your unique needs.

You'll speak with a licensed representative who will guide you through everything.

Hit the open road with RV insurance from Progressive

• Get a quote
• Or, call 1-866-749-7436

Learn more about our RV insurance offering.

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