BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 499


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          499 (Cooley)


          As Amended  June 9, 2016


          Majority vote


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          |ASSEMBLY:  |78-0  |(May 04, 2015) |SENATE: |37-0  |(June 30, 2016)  |
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          Original Committee Reference:  W., P., & W.


          SUMMARY:  Clarifies existing law governing mandatory notices  
          regarding earthquake insurance.


          The Senate amendments remove the prior contents of the bill and  
          insert the current provisions that clarify the requirements for  
          providing notice to the policyholder when earthquake insurance  
          coverage is reduced upon renewal and add amendments to resolve  
          potential chaptering out conflicts with Assembly Bill 2591  
          (Dababneh) of the current legislative session.  


          EXISTING LAW:  


          1)Requires insurers providing homeowners' insurance coverage to  
            offer earthquake insurance to the homeowner when issuing a  
            policy and at least every other year thereafter.









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          2)Requires insurers to provide specified notices regarding  
            earthquake insurance to homeowners when offering homeowners'  
            insurance policies.


          3)Requires an insurer, upon renewal, reducing the coverage of an  
            earthquake policy to provide notice of the reduced coverage to  
            the policyholder.  


          4)Establishes the California Earthquake Authority (CEA) to  
            provide earthquake insurance to policyholders of its  
            participating insurers.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  


          1)Purpose.  This bill clarifies existing requirements regarding  
            when specific notices regarding earthquake insurance are  
            required to be provided. 


          2)Prior Legislation.  In 2014, AB 2064 (Cooley), Chapter 419,  
            substantially revised the law governing the mandatory offer of  
            earthquake insurance to make the notice more consumer friendly  
            and hopefully increase the number of homeowners with  
            earthquake insurance.  


          3)California Earthquake Authority.  The CEA was formed through  
            legislation in 1995 and 1996 to address an  
            insurance-availability crisis that followed the 1994  
            Northridge earthquake.  After that earthquake, many homeowners  
            found it difficult or impossible to find basic homeowner's  
            insurance.  Many others were faced with the prospect of having  
            their homeowners' insurance non-renewed as insurance companies  








                                                                     AB 499


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            tried to shed their exposure to earthquake risk.  Because  
            state law requires insurers to offer earthquake insurance to  
            their applicants and holders of residential policies, the  
            insurers' retreat from the California market resulted in an  
            availability crisis for both homeowners and earthquake  
            insurance.  The California Department of Insurance reported in  
            the summer of 1996, at the height of the crisis, that 95% of  
            the homeowners' insurance market had either stopped, or  
            severely restricted, sales of new homeowners' policies.


            After the CEA began operations in December 1996, the  
            California homeowners' insurance market recovered quickly.  A  
            Department of Insurance report noted that at the peak of the  
            availability crisis, 82 insurers had restricted the sale of  
            new homeowners' insurance policies.  By October 1997, only  
            three insurers were restricting the sale of new policies.   
            Since that time, the requirement to offer earthquake insurance  
            has not been a factor in restricting the availability of  
            homeowners' insurance.


          Analysis Prepared by:                                             
          Paul Riches / INS. / (916) 319-2086  FN: 0003664