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REFERENCE TITLE: DIFI; certificates of insurance |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2996 |
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Introduced by Representative Weninger
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AN ACT
amending title 20, chapter 2, article 6, arizona revised statutes, by adding section 20-443.03; relating to the transaction of insurance business.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 20, chapter 2, article 6, Arizona Revised Statutes, is amended by adding section 20-443.03, to read:
20-443.03. Certificates of insurance; notice; civil penalty; rules; applicability; definitions
A. A certificate of insurance that is prepared or issued by an insurer, an insurance producer or a representative of an insurer or an insurance producer is not an insurance policy, does not amend, extend or alter the coverage that is provided in an insurance policy and does not confer any new or additional right beyond what is expressly stated in the insurance policy.
B. The director shall prohibit the use of a certificate of insurance if the certificate of insurance:
1. Is unfair, misleading or deceptive.
2. Violates public policy.
3. Violates any law, including any rule adopted by the director.
C. A person may not prepare, issue, request or require a certificate of insurance that:
1. Contains false or misleading information about the insurance policy.
2. Purports to alter, amend or extend coverage that is provided for in the insurance policy.
3. Claims that the insurance policy complies with the insurance or indemnification requirements of a contract.
D. A person is entitled to notice of cancellation, nonrenewal or a material change in the policy terms or to a similar notice that concerns the insurance policy only if notice requirements are included under the terms of the insurance policy or any endorsement to the insurance policy.
E. The director shall investigate any violation of this section, and the director may take one or both of the following actions:
1. Issue an order that requires the person to cease and desist from the actions that constitute the violation.
2. Assess a civil penalty of not more than $1,000 per violation.
F. Subsection E of this section does not limit the authority of the director to investigate, enforce or issue civil penalties pursuant to any other applicable law.
G. The director may adopt rules to implement this section.
H. This section applies to any certificate of insurance that is issued in connection with property and casualty risks located in this state without regard to the location of the policyholder, insurer or insurance producer or any person who requests or requires a certificate of insurance to be issued.
I. A certificate of insurance or any other document or correspondence that is prepared, issued, requested or required in violation of this section is void.
J. For the purposes of this section:
1. "Certificate of insurance":
(a) Means a document, form, template, submission, questionnaire or other instrument regardless of title that includes a description, summary, interpretation or evidence of property or casualty insurance coverage and that is prepared or issued by an insurer, an insurance producer or a representative of an insurer or producer.
(b) Does not include any of the following:
(i) An insurance policy.
(ii) An insurance binder.
(iii) A policy endorsement.
(iv) An automobile insurance identification or information card.
2. "Person":
(a) means any individual, partnership, corporation, association or other legal entity.
(b) includes this state, any POLITICAL subdivision of this state or any governmental subdivision or agency.
Sec. 2. Applicability
This act applies to any contract or addendum that is entered into from and after the effective date of this act.