BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1405
                                                                  Page  1

          Date of Hearing:   June 23, 2010

                           ASSEMBLY COMMITTEE ON INSURANCE
                                 Jose Solorio, Chair
              SB 1405 (Committee on Banking, Finance and Insurance) - As  
                           Introduced:  February 19, 2010

           SENATE VOTE  :   33-0
           
          SUBJECT  :   Life insurance: premium refunds

           SUMMARY  :  Requires insurers to refund premiums and fees within  
          30 days of the cancellation of an individual life insurance  
          policy of less than $10,000.  Specifically,  this bill  :

          1)Requires all premiums and policy fees paid in connection with  
            the purchase of an individual life insurance policy with a  
            face value of less than $10,000 to be refunded to the owner  
            within 30 days from the date that the insurer is notified of  
            the cancellation of the policy.

           EXISTING LAW  :

          1)Requires life insurers selling individual life insurance  
            policies of less than $10,000 to place a notice stating that  
            the policy may be cancelled by delivering or mailing it to the  
            insurer or agent not less than 10 days nor more than 30 days  
            of the delivery or receipt of the policy.  The time allowed  
            within that time range is at the discretion of the insurer.

          2)Requires all premiums and policy fees paid in connection with  
            an individual life insurance policy with a face value of less  
            than $10,000 to be refunded to the owner, but does not specify  
            a time deadline to make these refunds.   

          3)Requires all premiums and policy fees paid in connection with  
            an individual life insurance policy with a face value of  
            $10,000 or more to be refunded to the owner within 30 days  
            from the date the insurer is notified of the cancellation of  
            the policy.  

           FISCAL EFFECT  :   None.

           COMMENTS  :   









                                                                 SB 1405
                                                                  Page  2

           1)Purpose.   The purpose of this bill is to apply the same 30-day  
            deadline to refund premiums and policy fees paid on individual  
            life insurance policies of less than $10,000 when cancelled  
            during the notification period, as presently applies to  
            individual life insurance policies with a face value of  
            $10,000 or more.

           2)Background.   This is a committee bill of the Senate Banking,  
            Finance and Insurance Committee.  It has been drafted as a  
            "clean-up" measure to a provision contained in last year's SB  
            397 (Calderon) which was vetoed for an unrelated reason. 

           3)Clarification recommended.   One provision of this bill states  
            that it applies to policies of individual life insurance of  
            less than $10,000 delivered or issued on and after July 1,  
            1974.  Another provision, however, states that this bill  
            applies to all policies issued, amended, or delivered on and  
            after January 1, 1981,  but prior to January 1, 1990  .  These  
            provisions need to be reconciled, and it is recommended that  
            the bill be clarified to state that it applies to all  
            individual life insurance policies issued, amended, renewed,  
            or delivered on and after January 1, 2011.  The following  
            suggested amendments would accomplish this purpose:  
          On page 2, lines 17 and 18, strike out "1981, but prior to  
            January 1, 1990" and insert "2011".  On page 2, line 19,  
            strike out "1981" and insert "2011".

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None received.
           
            Opposition 
           
          None received.


           Analysis Prepared by  :    Manny Hernandez / INS. / (916) 319-2086