BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 822


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          822 (Cooley)


          As Amended  June 1, 2015


          Majority vote


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          |ASSEMBLY:  |79-0  |(April 16,     |SENATE: |37-0  |(June 22, 2015)  |
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          Original Committee Reference:  INS.


          SUMMARY:  Provides that the right to file a judicial action  
          challenging a denial of a claim by the California Insurance  
          Guarantee Association (CIGA) is triggered by a written denial of  
          the claim by CIGA, and does not have to wait until the  
          liquidator of the insolvent insurer has finally wrapped up and  
          closed the insolvency.


          The Senate amendments exclude workers' compensation claims from  
          the rule established by this bill.


          EXISTING LAW:  


          1)Establishes CIGA to pay covered claims to those who are owed  
            an insurance payment from an insolvent property-casualty  
            insurer.








                                                                     AB 822


                                                                    Page  2




          2)Establishes a system administered by the Insurance  
            Commissioner, or the similar official in other states with  
            respect to insurers admitted in California but domiciled in  
            other states, to handle the insolvency (bankruptcy) of  
            insurers.


          FISCAL EFFECT:  None


          COMMENTS:  The purpose of CIGA is to pay covered claims right  
          away to anyone entitled to payment from an insurer that has  
          become insolvent while insolvency proceedings go forward on a  
          separate track.  The insolvency proceedings can go on for years,  
          even decades, depending on the complexity of the insurer's  
          business.  A recent case implied that a claim against CIGA is  
          not "ripe" until the insolvency proceeding has concluded, which  
          would defeat the fundamental purpose of CIGA.  This bill  
          clarifies that this is not the rule.  Since workers'  
          compensation claims have not suffered from this potential  
          defect, those claims were excluded by Senate amendments to  
          ensure that current law affecting workers' compensation claims  
          is not inadvertently changed. 


          Analysis Prepared by:                                             
          Mark Rakich / INS. / (916) 319-2086  FN: 0001001