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HomeInsurance CodeDiv. 1Pt. 1Ch. 1§ 105 Surety Bond Requirements

§ 105 Surety Bond Requirements

Insurance Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 105 Surety Bond Requirements

This law says that surety insurance is a kind of guarantee for people’s actions or contracts (but not for mortgages), and it also covers loss from forged papers or theft of important documents and valuables.

Key Takeaways

  • •Surety insurance guarantees behavior or contract performance, but not mortgage‑related loans.
  • •It also protects against loss from forged or altered papers and signatures.
  • •It can cover loss of important papers, money, jewelry, and damage from theft, but not loss while the items are in the mail or on a regular carrier (except armored trucks).
  • •If the coverage would be called “financial guaranty insurance,” it can’t be called surety insurance.

Example

A construction company promises to finish a building on time. The city requires a surety bond so the company can be held responsible if it doesn’t finish.

The surety insurance acts like a safety net: if the company fails to finish, the insurance pays the city for the loss, just like the law says surety insurance guarantees performance of contracts.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 105 Surety Bond Requirements

Surety insurance includes: (a) The guaranteeing of behavior of persons and the guaranteeing of performance of contracts (including executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed), other than insurance policies and other than for payments secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on real estate. (b) Insurance against loss resulting from the forgery or alteration of any instrument of any kind or character or of any signature thereon. Nothing in this section shall be deemed to limit any of the powers of title insurers. (c) Any of the following insurance when included as a part of contract containing any such guarantee of behavior or performance or in a contract indemnifying any bank, banker, broker, financial or moneyed corporation or association, any state, political subdivision, public or municipal corporation, or any officer of any state, political subdivision, public or municipal corporation: Insurance indemnifying the insured named therein against loss or destruction from any cause of any evidences of debt of any kind or character, evidences of ownership of any kind or character, deeds, mortgages, warehouse receipts, bills of lading, certificates of stock, bonds, notes, drafts, checks, instruments of similar character, stamps, documents, money, precious metals of any kind or character, refined or unrefined, and articles made therefrom, jewelry, watches, necklaces, bracelets, gems and precious and semiprecious stones, and also against loss or damage, except by fire, to the insured’s premises, furnishings, fixtures, equipment, safes and vaults therein caused by burglary, robbery, holdup, theft or larceny or attempt thereat. No such insurance indemnifying against loss of any property as specified herein shall indemnify against loss of any such property occurring while in the mail or in the exclusive custody or possession of a common carrier for the purpose of transportation, except for the purpose of transportation by an armored motor vehicle. (d) No insurance may be written as surety insurance if it falls within the definition of financial guaranty insurance as set forth in Section 12100. (Amended by Stats. 1990, Ch. 1032, Sec. 1.)

Last verified: January 11, 2026

Key Terms

surety insuranceguaranteeing of behaviorperformance of contractsforgery or alterationfinancial guaranty insurance

Related Statutes

  • § 113 Credit Insurance Coverage Limits
  • § 100 Insurance Classes Defined
  • § 101 Life Insurance And Annuities
  • § 102 Fire And Property Insurance
  • § 103 Marine Property Insurance Coverage

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Insurance Code. Section 105.
View Official Source