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HomeInsurance CodeDiv. 2Pt. 1Ch. 1Art. 5§ 1981 Insurer Abandonment Notice Rights

§ 1981 Insurer Abandonment Notice Rights

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

§ 1981 Insurer Abandonment Notice Rights

This law says that an insurer must actually agree to an abandonment; just staying quiet doesn’t count, and the insured keeps their rights even if they try to abandon.

Key Takeaways

  • •The insurer must explicitly accept an abandonment; silence isn’t enough.
  • •The insured’s rights stay alive even after they try to abandon.
  • •Acceptance of abandonment is not assumed just because the insurer doesn’t reply.

Example

A homeowner tells their insurance company they are giving up on a claim and then never hears back.

Because the insurer didn’t say they accept the abandonment, the homeowner still has the right to pursue the claim, and the insurer’s silence can’t be taken as agreement.

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

Official Source
View on CA.gov

§ 1981 Insurer Abandonment Notice Rights

An acceptance of an abandonment is not necessary to the rights of the insured, and is not to be presumed from the mere silence of the insurer at the time of receiving notice of abandonment. (Enacted by Stats. 1935, Ch. 145.)

Last verified: January 11, 2026

Key Terms

acceptance of an abandonmentrights of the insuredsilence of the insurernotice of abandonment

Related Statutes

  • § 1967 Total Loss Payment
  • § 1976 Abandonment Notice Requirements
  • § 1960 Loss Classification: Total Or Partial
  • § 1961 Total Loss Types
  • § 1962 Actual Total Loss Causes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Insurance Code. Section 1981.
View Official Source