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SENATE BILL 571 (BENEDICT – 1915)

CHAPTER 644, STATUTES OF 1915, SB 571

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

In 1915, “An act to prohibit insurance companies, associations, or societies and their agents from misrepresenting the term of any policy of insurance,” was enacted by Senate Bill 571.  (See Exhibit A, #1c)  The bill was introduced by Senator Stanley H. Benedict on January 25, 1915.  (See Exhibit A, #1a)  A virtually identical bill was introduced shortly thereafter in the Assembly by Assembly member John N. Anderson.  (See Exhibit A, #3)  This was common practice in the early part of the century, when the Legislature only met for a couple of months a year, to allow the Legislature to address a proposal simultaneously in both Houses.

Senate Bill 571 was heard in the Senate Committee on Insurance and in the Assembly Committee on Insurance.  (See Exhibit A, #1 and #2)  Senate Bill 571 was amended in the Senate on April 9, 1915, and with that single amendment was approved by the Senate on April 14, 1915, and sent to the Assembly. (See Exhibit A, #1b and #2) On April 22, 1915, the Assembly approved the bill without amendment and returned it to the Senate.  (See Exhibit A, #2) Assembly Bill 571 was approved by Governor Hiram W. Johnson on June 27, 1915 and the Secretary of State recorded it as Chapter 644 of the Statutes of 1915.  (See Exhibit A, #1c and #2)

The companion bill, Assembly Bill 1175, as was common with companion measures, was printed and sent to its first committee but was never heard in committee.  (See Exhibit A, #4)

The author of Senate Bill 571 represented the Los Angeles area and was the Chair of the Senate Committee on Insurance.  (See Exhibit A, #5) It is possible this bill was developed by the committee or was requested by the Department of Insurance.  However, the Department of Insurance's Annual Report for that year does not comment on Senate Bill 571.  (See Exhibit A, #6)

Unfortunately, little direct legislative history materials survives pertaining to either Senate Bill 571, or its competitor bill, Assembly Bill 1175.  In addition to reviewing legislative sources, we have also made an extensive review of periodical and newspaper sources for information pertaining to the background and development of this measure.  We did find some modest newspaper and periodical comments that inferentially provide some background.  A January 15, 1915 Los Angeles Times article states, in part:

The legislation which the underwriters in California are anxious to have on the statute books is similar to the laws in Connecticut, Massachusetts, New York, New Hampshire and various other States.  The titles of the bills to be introduced are:

“An act concerning insurance companies and their agents and other persons, firms and corporations, prohibiting misrepresentation and twisting.”
(See Exhibit A, #8a)