BILL NUMBER: AB 499 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
INTRODUCED BY Assembly Member Cooley
FEBRUARY 23, 2015
An act to amend Section 4370 of the Fish and Game Code,
relating to hunting. Sections 10083 and 10087 of, and
to amend and repeal Section 10086 of, the Insurance Code, relating to
insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 499, as amended, Cooley. Archery season: concealed
firearms. Insurance: earthquake: mandatory offer.
Existing law provides that a policy of residential property
insurance may not be issued or delivered or, under certain
circumstances, initially renewed by an insurer unless the named
insured is offered coverage for loss or damage caused by an
earthquake. The required offer of earthquake coverage is authorized
to be made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy and
must contain certain disclosure language. Existing law provides that
when the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there is a conclusive presumption that the insurer, agent, or broker
has complied with the disclosure requirements.
This bill would delete the above presumption.
Existing law requires that if an offer of earthquake coverage is
accepted, the coverage continues at the applicable rates and
conditions for the policy term, provided the policy of residential
property insurance is not terminated by the named insured or insurer.
At any renewal, an insurer is authorized to modify the terms and
conditions of an existing earthquake insurance policy, rider, or
endorsement as long as the modified terms and conditions provide the
minimum insurance coverages required and the insurer provides the
insured with a stand-alone document disclosing the changes, as
specified.
This bill would, among other things, instead require an insurer
modifying the terms and conditions of an existing earthquake
insurance policy, rider, or endorsement at renewal to provide the
insured with the stand-alone document disclosing the changes when the
modification of the terms and conditions reduces or substantially
differs from the coverage previously provided to the insured.
Existing law provides that proof of mailing of the offer by
first-class mail addressed to a named insured or applicant at the
mailing address shown on the policy or application, or proof that the
offer of coverage was sent to the named insured or applicant by
electronic transmission, creates a conclusive presumption that the
offer was made.
This bill would, among other things, add that if an offer,
disclosure, or document required to be delivered is not mailed, but
hand delivered to the insured, the insured's signed receipt would
create a conclusive presumption that the offer was provided or that
the disclosure or document was delivered as required.
This bill would also make technical and clarifying changes.
This bill would provide that specified provisions of the act would
only become operative if AB 2591 is enacted and takes effect on or
before January 1, 2017.
Existing law establishes an archery season for the taking of deer
with bow and arrow. Existing law generally prohibits a person taking
or attempting to take deer during that archery season from carrying,
or having under his or her immediate control, a firearm of any kind,
except for an active or honorably retired peace officer, as
specified.
This bill would authorize a person with a valid license to carry a
firearm capable of being concealed on the person, consistent with
the terms of that license, while engaged in the taking of deer with
bow and arrow as long as he or she does not take or attempt to take
deer with the firearm.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10083 of the
Insurance Code , as added by Section 2.5 of Chapter 419 of
the Statutes of 2014, is amended to read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application. The offer may
be made electronically pursuant to Section 38.5.
(1) If the offer is made by a nonparticipating insurer as defined
in Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: ______________
(B) Deductible: ______________
(C) Contents Coverage Limit: ________________
(D) Additional Living Expenses Coverage Limit: _________________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(2) If the offer is made by a participating insurer as defined by
Section 10089.5, the offer of earthquake coverage shall contain all
of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: _______________
(B) Deductible: ______________
(C) Contents Coverage Limit: _______________
(D) Additional Living Expenses Coverage Limit: _____________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
If you choose not to accept this offer within the 30-day period,
you may apply for earthquake coverage at a later date.
Your insurance company contracts with the California Earthquake
Authority (CEA) to offer earthquake insurance to its customers. For
an additional premium, you can choose CEA coverage options such as
higher limits for Contents or Additional Living Expenses, increased
building code upgrade limits, or a lower deductible. You can also
choose to buy certain CEA coverages separately.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve
modifications to the language prescribed in subdivision (a) only
if all of the following conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the
disclosure statement accurately reflects the coverage actually
accurately describe the coverage
provided by the policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement offer
is otherwise identical to the disclosure statement
prescribed in this section. offer prescribed in
subdivision (a).
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject to the requirements.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall become operative on January 1, 2016.
(h)
(g) This section shall remain in effect only until
January 1, 2019, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2019, deletes or
extends that date.
SEC. 2. Section 10083 of the Insurance
Code , as amended by Section 2.5 of Chapter 427 of the
Statutes of 2014, is amended to read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application.
(1) If the offer is made by a nonparticipating insurer as defined
in Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: _______________
(B) Deductible: ______________
(C) Contents Coverage Limit: _______________
(D) Additional Living Expenses Coverage Limit: _____________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(2) If the offer is made by a participating insurer as defined by
Section 10089.5, the offer of earthquake coverage shall contain all
of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: _______________
(B) Deductible: ______________
(C) Contents Coverage Limit: _______________
(D) Additional Living Expenses Coverage Limit: _____________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
If you choose not to accept this offer within the 30-day period,
you may apply for earthquake coverage at a later date.
Your insurance company contracts with the California Earthquake
Authority (CEA) to offer earthquake insurance to its customers. For
an additional premium, you can choose CEA coverage options such as
higher limits for Contents or Additional Living Expenses, increased
building code upgrade limits, or a lower deductible. You can also
choose to buy certain CEA coverages separately.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve
modifications to the language prescribed in subdivision (a) only
if all of the following conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the
disclosure statement accurately reflects the coverage actually
accurately describe the coverage provided by the
policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement offer
is otherwise identical to the disclosure statement
prescribed in this section. offer prescribed in
subdivision (a).
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall become operative on January 1, 2019.
SEC. 3. Section 10086 of the Insurance
Code , as added by Section 5 of Chapter 419 of the
Statutes of 2014, is amended to read:
10086. (a) If an offer of earthquake coverage, made pursuant to
Section 10081, is accepted, the coverage shall be continued at the
applicable rates and conditions for the policy term, provided the
policy of residential property insurance is not terminated by the
named insured or insurer.
(1) At any renewal, an insurer may modify the terms and conditions
of an existing policy, rider, or endorsement providing coverage
against loss or damage caused by the peril of earthquake if the
modified terms and conditions provide the minimum coverages required
by Section 10089.
(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured with
the renewal notice in a stand-alone disclosure document stating the
changes in the terms and conditions of the insured's existing policy,
rider, or endorsement. The offer of renewal may be made
electronically pursuant to Section 38.5. Proof of mailing of the
disclosure document by first-class mail to a named insured at the
mailing address shown on the policy or application, or proof
consistent with Section 38.5 that the offer of renewal of coverage
was sent to the named insured or applicant by electronic
transmission, creates a conclusive presumption that the disclosure
document was provided. The disclosure shall include the following
statement in 14-point boldface type:
(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required by
Section 10083 and a stand-alone document stating the changes in the
terms and conditions of the insured's existing policy, rider, or
endorsement. The offer of renewal may be made electronically pursuant
to Section 38.5. Proof of mailing of the offer of renewal by
first-class mail to a named insured at the mailing address shown on
the policy or application, or proof consistent with Section 38.5 that
the offer of renewal of coverage was sent to the named insured or
applicant by electronic transmission, creates a conclusive
presumption that the offer of renewal was provided. The stand-alone
document shall include the following statement in 14-point boldface
type:
"THE COVERAGE IN THE POLICY WE ARE OFFERING YOU WITH THIS RENEWAL
HAS BEEN REDUCED, AND SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS' POLICY. INSURANCE COMPANIES ARE ALLOWED
TO RENEW EARTHQUAKE INSURANCE POLICIES WITH COVERAGE THAT IS REDUCED
FROM THE COVERAGE YOU PREVIOUSLY PURCHASED. YOU MAY REQUEST A SAMPLE
COPY OF THIS NEW POLICY TO REVIEW PRIOR TO MAKING A DECISION TO
ACCEPT THIS RENEWAL, AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE COPY SHALL NOT CHANGE
OR EXTEND THE POLICY EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS NOTICE."
The
(3) The commissioner shall
approve the form of the summary offer of
renewal at the time he or she approves the policy. The
summary offer of renewal shall include the
information contained in subdivision (a) of Section 10083, and may be
included with the renewal notice in standard type.
The
(4) The commissioner may approve
a substantially similar disclosure forms
form of the offer of renewal if necessary to
accurately disclose relevant information to the policyholder.
The commissioner may also approve disclosure forms
substantially similar to the disclosure statement required by Section
10083 if necessary to accurately disclose relevant information to
the policyholder.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance. The offer may be made electronically
pursuant to Section 38.5.
(c)
(b) Nothing in this section shall preclude the named
insured from terminating the earthquake coverage at any time.
(d) This section shall become operative on January 1, 2016.
(e)
(c) This section shall remain in effect only until
January 1, 2019, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2019, deletes or
extends that date.
SEC. 3.5. Section 10086 of the
Insurance Code , as added by Section 5 of Chapter 419 of
the Statutes of 2014, is repealed.
10086. (a) If an offer of earthquake coverage, made pursuant to
Section 10081, is accepted, the coverage shall be continued at the
applicable rates and conditions for the policy term, provided the
policy of residential property insurance is not terminated by the
named insured or insurer.
(1) At any renewal, an insurer may modify the terms and conditions
of an existing policy, rider, or endorsement providing coverage
against loss or damage caused by the peril of earthquake if the
modified terms and conditions provide the minimum coverages required
by Section 10089.
(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured with
the renewal notice in a stand-alone disclosure document stating the
changes in the terms and conditions of the insured's existing policy,
rider, or endorsement. The offer of renewal may be made
electronically pursuant to Section 38.5. Proof of mailing of the
disclosure document by first-class mail to a named insured at the
mailing address shown on the policy or application, or proof
consistent with Section 38.5 that the offer of renewal of coverage
was sent to the named insured or applicant by electronic
transmission, creates a conclusive presumption that the disclosure
document was provided. The disclosure shall include the following
statement in 14-point boldface type:
"THE COVERAGE IN THE POLICY WE ARE OFFERING YOU WITH THIS RENEWAL
HAS BEEN REDUCED, AND SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS' POLICY. INSURANCE COMPANIES ARE ALLOWED
TO RENEW EARTHQUAKE INSURANCE POLICIES WITH COVERAGE THAT IS REDUCED
FROM THE COVERAGE YOU PREVIOUSLY PURCHASED. YOU MAY REQUEST A SAMPLE
COPY OF THIS NEW POLICY TO REVIEW PRIOR TO MAKING A DECISION TO
ACCEPT THIS RENEWAL, AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE COPY SHALL NOT CHANGE
OR EXTEND THE POLICY EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS NOTICE."
The commissioner shall approve the form of the summary at the time
he or she approves the policy. The summary shall include the
information contained in subdivision (a) of Section 10083, and may be
included with the renewal notice in standard type.
The commissioner may approve substantially similar disclosure
forms if necessary to accurately disclose relevant information to the
policyholder. The commissioner may also approve disclosure forms
substantially similar to the disclosure statement required by Section
10083 if necessary to accurately disclose relevant information to
the policyholder.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance. The offer may be made electronically
pursuant to Section 38.5.
(c) Nothing in this section shall preclude the named insured from
terminating the earthquake coverage at any time.
(d) This section shall become operative on January 1, 2016.
(e) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 4. Section 10086 of the Insurance
Code , as amended by Section 6 of Chapter 419 of the
Statutes of 2014, is amended to read:
10086. (a) If an offer of earthquake coverage, made pursuant to
Section 10081, is accepted, the coverage shall be continued at the
applicable rates and conditions for the policy term, provided the
policy of residential property insurance is not terminated by the
named insured or insurer.
(1) At any renewal, an insurer may modify the terms and conditions
of an existing policy, rider, or endorsement providing coverage
against loss or damage caused by the peril of earthquake if the
modified terms and conditions provide the minimum coverages required
by Section 10089.
(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured with
the renewal notice in a stand-alone disclosure document stating the
changes in the terms and conditions of the insured's existing policy,
rider, or endorsement. Proof of mailing of the disclosure document
by first-class mail to a named insured at the mailing address shown
on the policy or application creates a conclusive presumption that
the disclosure document was provided. The disclosure shall include
the following statement in 14-point boldface type:
(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required by
Section 10083 and a stand-alone document stating the changes in the
terms and conditions of the insured's existing policy, rider, or
endorsement. The stand-alone document shall include the following
statement in 14-point boldface type:
"THE COVERAGE IN THE POLICY WE ARE OFFERING YOU WITH THIS RENEWAL
HAS BEEN REDUCED, AND SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS' POLICY. INSURANCE COMPANIES ARE ALLOWED
TO RENEW EARTHQUAKE
INSURANCE POLICIES WITH COVERAGE THAT IS REDUCED FROM THE COVERAGE
YOU PREVIOUSLY PURCHASED. YOU MAY REQUEST A SAMPLE COPY OF THIS NEW
POLICY TO REVIEW PRIOR TO MAKING A DECISION TO ACCEPT THIS RENEWAL,
AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14 DAYS OF YOUR REQUEST.
A REQUEST FOR THE SAMPLE COPY SHALL NOT CHANGE OR EXTEND THE POLICY
EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE. A SUMMARY OF THE
CHANGES IS INCLUDED WITH THIS NOTICE."
The
(3) The commissioner shall
approve the form of the summary offer of
renewal at the time he or she approves the policy. The
summary offer of renewal shall include the
information contained in subdivision (a) of Section 10083, and may be
included with the renewal notice in standard type.
The
(4) The commissioner may approve
a substantially similar disclosure forms
form of the offer of renewal if necessary to
accurately disclose relevant information to the policyholder.
The commissioner may also approve disclosure forms
substantially similar to the disclosure statement required by Section
10083 if necessary to accurately disclose relevant information to
the policyholder.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.
(c)
(b) Nothing in this section shall preclude the named
insured from terminating the earthquake coverage at any time.
(d)
(c) This section shall become operative on January 1,
2019.
SEC. 4.5. Section 10086 of the
Insurance Code , as amended by Section 6 of Chapter 419 of
the Statutes of 2014, is amended to read:
10086. (a) If an offer of earthquake coverage, made pursuant to
Section 10081, is accepted, the coverage shall be continued at the
applicable rates and conditions for the policy term, provided the
policy of residential property insurance is not terminated by the
named insured or insurer.
(1) At any renewal, an insurer may modify the terms and conditions
of an existing policy, rider, or endorsement providing coverage
against loss or damage caused by the peril of earthquake if the
modified terms and conditions provide the minimum coverages required
by Section 10089.
(2) An insurer that modifies the terms and conditions of an
existing policy, rider, or endorsement shall provide the insured with
the renewal notice in a stand-alone disclosure document stating the
changes in the terms and conditions of the insured's existing policy,
rider, or endorsement. Proof of mailing of the disclosure document
by first-class mail to a named insured at the mailing address shown
on the policy or application creates a conclusive presumption that
the disclosure document was provided. The disclosure shall include
the following statement in 14-point boldface type:
(2) If the modification referenced in paragraph (1) reduces or
substantially differs from the coverage previously provided, an
insurer shall provide the insured with the renewal offer required by
Section 10083 and a stand-alone document stating the changes in the
terms and conditions of the insured's existing policy, rider, or
endorsement. The stand-alone document shall include the following
statement in 14-point boldface type:
"THE COVERAGE IN THE POLICY WE ARE OFFERING YOU WITH THIS RENEWAL
HAS BEEN REDUCED, AND SUBSTANTIALLY DIFFERS FROM THE COVERAGES
PROVIDED BY YOUR HOMEOWNERS' POLICY. INSURANCE COMPANIES ARE ALLOWED
TO RENEW EARTHQUAKE INSURANCE POLICIES WITH COVERAGE THAT IS REDUCED
FROM THE COVERAGE YOU PREVIOUSLY PURCHASED. YOU MAY REQUEST A SAMPLE
COPY OF THIS NEW POLICY TO REVIEW PRIOR TO MAKING A DECISION TO
ACCEPT THIS RENEWAL, AND WE WILL MAIL OR DELIVER IT TO YOU WITHIN 14
DAYS OF YOUR REQUEST. A REQUEST FOR THE SAMPLE COPY SHALL NOT CHANGE
OR EXTEND THE POLICY EXPIRATION DATE SPECIFIED IN THE RENEWAL NOTICE.
A SUMMARY OF THE CHANGES IS INCLUDED WITH THIS NOTICE."
The
(3) The commissioner shall
approve the form of the summary offer of
renewal at the time he or she approves the policy. The
summary offer of renewal shall include the
information contained in subdivision (a) of Section 10083, and may be
included with the renewal notice in standard type.
The
(4) The commissioner may approve
a substantially similar disclosure forms
form of the offer of renewal if necessary to
accurately disclose relevant information to the policyholder.
The commissioner may also approve disclosure forms
substantially similar to the disclosure statement required by Section
10083 if necessary to accurately disclose relevant information to
the policyholder.
(b) If the offer of earthquake coverage made pursuant to Section
10081 is not accepted, the insurer or any affiliated insurer shall be
required on an every other year basis to offer earthquake coverage
in connection with any continuation, renewal, or reinstatement of the
policy following any lapse thereof, or with respect to any other
policy that extends, changes, supersedes, or replaces the policy of
residential property insurance.
(c)
(b) Nothing in this section shall preclude the named
insured from terminating the earthquake coverage at any time.
(d) This section shall become operative on January 1, 2019.
SEC. 5. Section 10087 of the Insurance
Code , as amended by Section 16 of Chapter 369 of the
Statutes of 2013, is amended to read:
10087. (a) As used in this chapter, "policy of residential
property insurance" shall mean a policy insuring individually owned
residential structures of not more than four dwelling units,
individually owned condominium units, or individually owned
mobilehomes, and their contents, located in this state and used
exclusively for residential purposes or a tenant's policy insuring
personal contents of a residential unit located in this state.
"Policy of residential property insurance," as defined, shall not
include insurance for real property or its contents used for any
commercial, industrial, or business purpose, except a structure of
not more than four dwelling units rented for individual residential
purposes. A policy that does not include any of the perils insured
against in a standard fire policy shall not be included in the
definition of "policy of residential property insurance."
(b) Proof of mailing of the offer any
offer, disclosure, or document required to be delivered by this
chapter by first-class mail addressed to a named insured or
applicant at the mailing address shown on the policy or application,
or proof consistent with Section 38.5 that the offer of coverage was
sent to the named insured or applicant by electronic transmission,
shall create a conclusive presumption that the offer was
made. made or that the disclosure or document was
delivered as required. If an offer, disclosure, or document
required to be delivered by this chapter is not mailed, but is
hand delivered to the insured, the insured's signed receipt creates a
conclusive presumption that the offer was provided or that the
disclosure or document was delivered as required.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 6. Section 10087 of the Insurance
Code , as added by Section 17 of Chapter 369 of the
Statutes of 2013, is amended to read:
10087. (a) As used in this chapter "policy of residential
property insurance" shall mean a policy insuring individually owned
residential structures of not more than four dwelling units,
individually owned condominium units, or individually owned
mobilehomes, and their contents, located in this state and used
exclusively for residential purposes or a tenant's policy insuring
personal contents of a residential unit located in this state.
"Policy of residential property insurance," as defined, shall not
include insurance for real property or its contents used for any
commercial, industrial or business purpose, except a structure of not
more than four dwelling units rented for individual residential
purposes. A policy that does not include any of the perils insured
against in a standard fire policy shall not be included in the
definition of "policy of residential property insurance."
(b) Proof of mailing of the offer any
offer, disclosure, or document required to be delivered by this
chapter by first-class mail addressed to a named insured or
applicant at the mailing address shown on the policy or application
shall create a conclusive presumption that the offer was
made. made or that the disclosure or document was
delivered as required. If an offer, disclosure, or document required
to be delivered by this chapter is not mailed, but is hand delivered
to the insured, the insured's signed receipt creates a conclusive
presumption that the offer was provided or that the
disclosure or document was delivered as required.
(c) This section shall become operative on January 1, 2019.
SEC. 7. (a) Section 3.5 of this bill, which
repeals Section 10086 of the Insurance Code, as added by Section 5 of
Chapter 419 of the Statutes of 2014, shall become operative only if
Assembly Bill 2591 of the 2015-16 Regular Session is enacted and
takes effect on or before January 1, 2017, in which case Section 3 of
this bill shall not become operative.
(b) Section 4.5 of this bill, which amends Section 10086 of the
Insurance Code, as amended by Section 6 of Chapter 419 of the
Statutes of 2014, shall become operative only if Assembly Bill 2591
of the 2015-16 Regular Session is enacted and takes effect on or
before January 1, 2017, in which case Section 4 of this bill shall
not become operative.
SECTION 1. Section 4370 of the Fish and Game
Code is amended to read:
4370. (a) In every area in which deer may lawfully be taken
during the general open season there is an archery season for the
taking of deer with bow and arrow. The season for each area shall be
as the commission may prescribe, with a minimum interposing interval
of three days immediately preceding the regular open season on deer
in that area. Except as provided in subdivision (b), a person taking
or attempting to take deer during such archery season shall neither
carry, nor have under his or her immediate control, any firearm of
any kind.
(b) A peace officer listed in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, whether active or
honorably retired, or a person with a valid license to carry a
concealed firearm pursuant to Chapter 4 (commencing with Section
26150) of Division 5 of Title 4 of Part 6 of the Penal Code,
consistent with the terms of that license, may carry a firearm
capable of being concealed on his or her person while engaged in the
taking of deer with bow and arrow in accordance with subdivision (a),
but shall not take or attempt to take deer with the firearm.