BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2591


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          Date of Hearing:  May 3, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 2591  
          (Dababneh) - As Amended April 13, 2016


                              As Proposed to be Amended


          SUBJECT:  INSURANCE:  ELECTRONIC TRANSMISSION


          KEY ISSUES:


          1)SHOULD INSURANCE COMPANIES BE AUTHORIZED TO ELECTRONICALLY  
            TRANSMIT NOTICES OF INSURANCE CANCELLATIONS, NONRENEWALS AND  
            RELATED DOCUMENTS TO AUTOMOBILE AND PROPERTY-CASUALTY  
            POLICYHOLDERS, PROVIDED THAT THERE ARE ADDITIONAL SAFEGUARDS  
            TO PROTECT CONSUMERS AGAINST THE SIGNIFICANT HARMS THAT CAN  
            OCCUR IF THESE DOCUMENTS ARE NOT ACTUALLY RECEIVED?
          2)IN LIGHT OF THE NEW STATUTORY RULES TO BE APPLIED TO THE  
            ELECTRONIC DELIVERY OF DOCUMENTS UNDER THIS BILL, MIGHT IT BE  
            APPROPRIATE TO RETAIN A SUNSET DATE TO EVALUATE ITS PRACTICAL  
            EFFECT?


                                      SYNOPSIS


          This bill, sponsored by the insurance industry, seeks to  
          authorize insurers selling automobile and property-casualty  








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          policies to electronically provide certain notices of  
          cancellation, nonrenewal, offers of renewal, and other  
          communications to consumers if the named insured opts-in to  
          receive documents by electronic transmission.  According to the  
          author, the Insurance Code has not been modernized to reflect  
          the choices today's insurance consumers should have, and  
          therefore this bill would expand consumer options to receive  
          electronic documents.  While the goal of expanding options to  
          conduct financial business electronically is a worthy one, this  
          Committee has long believed that such efforts must be  
          accompanied by sufficient safeguards to ensure that these  
          documents are actually received by the consumer when they are  
          sent electronically.  Actual receipt of the documents at issue  
          in this bill, including notices of cancellation and nonrenewal,  
          is crucial because the consequences for the consumer of not  
          receiving them (because of a junk email filter, for example) can  
          be serious, including financial exposure to significant  
          uninsured losses for auto accidents and damage to one's home.   
          Accordingly, as proposed to be amended, this bill tightens the  
          criteria under which an insurer may demonstrate actual delivery  
          and receipt of an electronic document to exclude the use of  
          confirmation receipts in an email program, among other things.


          After discussions with Insurance Committee staff and other  
          stakeholders, the author also proposes to amend the bill to  
          reestablish a January 1, 2021 sunset date that will apply to the  
          sensitive cancellation and nonrenewal documents subject to  
          heightened standards for actual receipt, but that sunset will  
          not apply to the routine, less sensitive documents that may be  
          transmitted electronically under Insurance Code Section 38.6,  
          including life insurance, property-casualty, and automobile  
          insurance-related documents.  The proposed amendments make clear  
          that upon expiration of the sunset date, on January 1, 2021,  
          authority to provide sensitive automobile and property-casualty  
          documents electronically will have expired, and electronic  
          transmittal of those documents will again be prohibited by Civil  
          Code Section 1633.3 (c) unless a later enacted statute comes  
          along to extend or repeal that sunset date.  Finally, this bill  








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          would consolidate two similar reporting requirements due on  
          different dates, and make them both due on or before January 1,  
          2019.  This would increase efficiency and help facilitate the  
          Insurance Commissioner delivering a single report to the  
          Governor and the Legislature evaluating the impact of these new  
          rules on the electronic delivery of insurance documents.  As  
          proposed to be amended, the Insurance Commissioner has taken no  
          position on the bill; the Consumer Attorneys remain in  
          opposition while they take time to review the amendments and  
          continue to work with the author.


          SUMMARY:  Authorizes insurers to provide certain motor vehicle  
          and property-casualty notices of cancellation, nonrenewal,  
          termination and lapse of payment by electronic means, if certain  
          conditions are satisfied.  Specifically, this bill:   


          1)Authorizes insurers, until January 1, 2021, to electronically  
            provide notices of cancellation, nonrenewal, termination and  
            lapse of payment for automobile, property-casualty, and life  
            insurance policies, if the insurer complies with several  
            requirements, including that the insured opt in and receive  
            specified disclosures.
          2)Revises the criteria that establish whether an insurer has  
            demonstrated actual delivery and receipt of these notices of  
            cancellation, nonrenewal, termination and lapse of payment.   
            Actual delivery and receipt by the consumer may be established  
            by any of the following:


             a)   The person acknowledges receipt of the electronic  
               transmission of the record by executing an electronic  
               signature.
             b)   The record is posted on the insurer's secure Internet  
               Web site, and there is evidence demonstrating that the  
               person logged onto the insurer's secure Internet Web site  
               and downloaded, printed, or otherwise acknowledged receipt  
               of the record.








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             c)   The record is resent by regular mail to the person in  
               the manner originally specified by the underlying statutory  
               code if an insurer is unable to demonstrate actual  
               electronic delivery and receipt.


          3)Re-establishes a sunset date of January 1, 2021 for provisions  
            authorizing cancellation and non-renewal notices for life  
            insurance, property-casualty insurance, and automobile  
            insurance policies, while allowing less sensitive documents,  
            including routine communications and notices, to be provided  
            electronically in perpetuity without being subject to any  
            sunset date.


          4)Consolidates the due dates for two reports that the Insurance  
            Commissioner is required to make to the Governor and the  
            Legislature regarding the impact and implementation of  
            electronic transmission of important insurance documents.   
            Both of these reports may be combined into a single report and  
            become due on or before January 1, 2019, rather than being due  
            January 1, 2018 and January 1, 2020, respectively.


          EXISTING LAW:   


          1)Establishes the Uniform Electronic Transactions Act (UETA)  
            which generally authorizes the transaction of business,  
            commerce and contracts by electronic means, except as  
            prohibited.  (Title 2.5 of Part 2 of Division 3 of the Civil  
            Code, commencing with Section 1633.1.)
          2)Specifies certain transactions which are prohibited from being  
            conducted by electronic means (Civil Code Section 1633.3),  
            such as:










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             a)   A notice of cancellation of auto insurance (Insurance  
               Code Section 663);
             b)   A written offer to renew an auto insurance policy, or a  
               written notice of nonrenewal (Insurance Code Section 663);
             c)   A notice of policy change or cancellation requested by  
               the insured (Insurance Code Section 667.5);
             d)   A written notice of exercise of the right to cancel a  
               premium financed insurance policy (Insurance Code Section  
               673);
             e)   A notice of cancellation of property insurance  
               (Insurance Code Section 677);
             f)   An offer to renew or a notice of nonrenewal of a policy  
               of property, liability, or other casualty insurance on  
               risks located in California (Insurance Code Section 678);
             g)   An offer to renew or a notice of nonrenewal of a  
               commercial policy of property, liability, or other casualty  
               insurance on risks located in California (Insurance Code  
               Section 678.1); and 
             h)   A notice of reduced earthquake insurance coverage at the  
               time of renewal of a residential property insurance policy.  
                (Insurance Code Section 10086.)


          3)Pursuant to UETA, provides that, unless the sender and the  
            recipient agree to a different method of receiving that is  
            reasonable under the circumstances, an electronic record is  
            received when the electronic record enters an information  
            processing system that the recipient has designated or uses  
            for the purpose of receiving electronic records or information  
            of the type sent, in a form capable of being processed by that  
            system, and from which the recipient is able to retrieve the  
            electronic record.  (Civil Code Section 1633.15 (b).)
          4)Permits, until January 1, 2019, consumers who opt-in to  
            receive electronic notices of renewal for automobile,  
            property, liability, workers' compensation, earthquake and  
            disability insurance, as long as other specified conditions  
            are met:










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             a)   Requires the insurer to obtain consent from the insured  
               before transmitting insurance documents electronically.   
               (Insurance Code Section 38.5 (b)(1).)
             b)   Requires the insurer to make the following disclosures  
               to the consumer before sending electronic renewal notices  
               and disclosures: (1) The insured must opt-in to receiving  
               these electronic documents; (2) the insured may opt-out of  
               electronic receipt at any time; (3) how the insured can  
               change the email address used by the insurer; (4) the  
               insurer's contact information (including toll free phone  
               number and website address).  (Insurance Code Section 38.5  
               (b)(2).)


             c)   Requires the insurer to do one of the following within  
               two business days if the electronic transmission fails: (1)  
               Contact the insured to confirm the email address and resend  
               the document electronically; (2) resend the documents by  
               regular mail to the insured's address.  (Insurance Code  
               Section 38.5 (b)(7)(A).)


          5)Permits the Department of Insurance (department) to suspend an  
            insurer's authorization to send the above electronic documents  
            if the insurer has a pattern or practice that demonstrate a  
            failure to comply with statutory requirements.  Further allows  
            an insurer to appeal this suspension and, when the department  
            determines the insurer has complied with the specified  
            requirements, resume electronic transmission of these  
            documents.  (Insurance Code Section 38.5 (c).)
          6)Permits, until January 1, 2021, consumers who opt-in to  
            receive electronic notices of renewal for life insurance  
            policies, provided other specified conditions (see Items 4a to  
            4c above) are met.  (Insurance Code Section 38.6.) 


          7)Provides, until January 1, 2021, that the record provided by  
            electronic transmission shall be treated as if actually  
            received if the licensee delivers the record to the person in  








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            compliance with applicable statutory delivery deadlines.   
            Provides that the licensee may demonstrate actual delivery and  
            receipt by any of the following:


             a)   The person acknowledges receipt of the electronic  
               transmission of the record by returning an electronic  
               receipt or by executing an electronic signature.
             b)   The record is made part of, or attached to, an email  
               sent to the email address designated by the person, and  
               there is a confirmation receipt, or some other evidence  
               that the person received the email in his or her email  
               account and opened the email.


             c)   The record is posted on the licensee's secure Internet  
               Web site, and there is evidence demonstrating that the  
               person logged onto the licensee's secure Internet Web site  
               and downloaded, printed, or otherwise acknowledged receipt  
               of the record.


             d)   If a licensee is unable to demonstrate actual delivery  
               and receipt pursuant to this paragraph, the licensee shall  
               resend the record by regular mail to the person in the  
               manner originally specified by the underlying provision of  
               the Insurance Code.  (Insurance Code Section 38.6 (b)(7).)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  Insurance documents have historically been excluded  
          from the law allowing electronic transmittals of documents in  
          specified transactions.  As discussed below, this exclusion  
          reflects the many consumer protection issues that arise when  
          insurance documents transmitted through electronic means are not  
          actually received by the consumer.  This bill, sponsored by the  








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          insurance industry, would lift that longstanding ban to allow  
          insurers to provide certain motor vehicle and property-casualty  
          notices of cancellation, nonrenewal, termination and lapse of  
          payment by electronic means, if the named insured has consented  
          and certain conditions are satisfied that ensure the documents  
          are actually received by the insured.  


          The bill is sponsored by the Personal Insurance Federation of  
          California, the Association of California Insurance Companies,  
          Pacific Association of Domestic Insurance Companies, the  
          American Insurance Association, and the Independent Insurance  
          Agents and Brokers of California, whose members collectively  
          write the vast majority of auto and home insurance in  
          California.  In explaining the need for the bill, the sponsors  
          state:


               In 1999, the Uniform Electronic Transactions Act (UETA) was  
               enacted in California, which established uniform standards  
               for conducting business transactions electronically, giving  
               consumers the option to receive certain documents  
               electronically and the right to opt-out if they change  
               their mind. Unfortunately, much of the California Insurance  
               Code was written in the 1940's and was not amended in  
               alignment with the UETA as other code sections have been.   
               Therefore, the insurance code has not been modernized to  
               reflect the choices today's insurance consumer should have.


               In 2013, members of the Legislature and the Governor  
               recognized shortcomings in existing law and passed SB 251  
               (Calderon), allowing consumers to opt-in to receive a  
               narrow range of insurance documents electronically.   
               However, under current law insurers still cannot  
               electronically add a new driver or new car to an insurance  
               policy without mailing paper copies, even when the consumer  
               has deliberately chosen to go paperless.  SB 251 was a good  
               first step in updating California's insurance laws to  








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               reflect the technology that is available today, but more is  
               needed.  AB 2591 would expand consumer options to receive  
               electronic documents, and would preserve the consumer  
               protections that exist today in the California Civil and  
               Insurance Codes.


          Potential risks of harm if electronic transmittal of documents  
          does not result in actual receipt by consumers.  According to  
          proponents of the bill, many consumers today are not only  
          comfortable with conducting their banking and financial business  
          online, but prefer to do so-including managing their home and  
          auto insurance policies.  While this may be true, it should also  
          be acknowledged that consumers face an often underappreciated  
          risk of harm if, under rules set by state law, the electronic  
          transmittal of documents does not result in actual delivery to,  
          and receipt by, the consumer.  For example, a renewal that does  
          not come to the attention of the insured may lead to  
          cancelation, causing significant losses to the consumer if  
          coverage unknowingly expires.  An insurer may change the terms  
          or costs of the insurance - reducing policy limits, eliminating  
          coverages, increasing deductibles or increasing premium - all  
          unbeknownst to the insured who has not received the required  
          document, particularly for customers who have auto-pay  
          arrangements.  In addition, consider that insurers are  
          authorized to unilaterally modify earthquake policies at the  
          time of renewal if they provide the insured with a required  
          disclosure.  Failure to receive this document would be critical  
          for the many Californians whose only protection against the  
          total loss of their most precious asset is earthquake insurance.  
           All of these risks presumably underlie the longstanding policy  
          prohibiting electronic transmittal of these documents, and may  
          have increased rather than diminished in the years since UETA  
          was enacted in 1999 to prohibit many insurance documents from  
          being delivered electronically.


          With respect to other potential problems, receipt of emailed  
          documents can be impeded by ever more robust but imprecise spam  








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          blockers that can filter out legitimate messages.  Whatever the  
          problems of the U.S. Post Office may be, there is at least no  
          force or agency actively seeking to intercept physical mail.   
          Technological problems can also interfere, such as when a  
          computer server goes down.  A number of ISPs have experienced  
          widespread service failures, and of course receipt of email  
          messages also depends on proper operation of the computer  
          systems on the receiving end that are subject to technological  
          problems of their own.  In addition, sophisticated computer  
          hackers have regularly disabled the Internet computer servers of  
          companies through denial-of-service attacks and other methods.  


          Far from being resolved in the years since the insurance  
          prohibition was adopted in UETA in 1999, these problems may well  
          have gotten worse.  Recent data shows that email deliverability  
          - the term used to designate the rate of email placed in the  
          inbox - has dropped to 76% for American businesses.  According  
          to Return Path, American businesses saw nearly one in four  
          emails land in the spam folder or go missing, with inbox  
          placement dropping from 87% in 2014 to just 76% in 2015.   
          (Deliverability Benchmark Report: Analysis of Inbox Placement  
          Rates in 2015. Return Path. Available at:  
           https://returnpath.com/wp-content/uploads/2015/10/2015-Deliverabi 
          lity-Benchmark-Report.pdf  )  According to the study, the reasons  
          for the decline are threefold:  ISPs are being more rigorous  
          with filtering and blocking, sender reputations are  
          deteriorating, and consumers are reacting to email overload,  
          including by using a "junk" button to automatically filter out  
          emails from senders they specifically opted-in to receive.





          The phenomenon of dealing with email overload by designating a  
          sender as "junk" when the volume becomes too great - even though  
          the user initially consented to receiving messages from the  
          sender - may be particularly relevant here.  If an insurance  








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          company obtains consent to send renewals by email and  
          subsequently sends other types of unwanted messages, or a  
          greater number of messages than the consumer wishes to receive,  
          the consumer may react by automatically directing further  
          messages from the insurer to a junk filter without realizing  
          that a renewal message six months later will be filtered out as  
          well.


          As troubling as these deliverability statistics may be, they do  
          not reflect the full scope of the problem.  Receipt of emails is  
          also affected by a wide variety of actions of users.  For many  
          people, email addresses are temporary and disposable.  Many  
          people use multiple addresses, often transitioning over a period  
          of time, or designating specific addresses for certain uses  
          which may shift with time and experience - for example, a  
          frequently used general address may become associated instead  
          with a more specific purpose, or may be abandoned if it is  
          overtaken by unwanted "spam" emails.  People change or abandon  
          an email address or a service provider and do not necessarily  
          recall whether years ago they might have given a particular  
          address to their insurance company - or if they do recall doing  
          so, they may not know how to notify the insurance company that  
          they no longer use that new email address.  This problem is  
          compounded because there is no system of forwarding or return  
          receipt requests for email as there is with the Postal Service.   
          Email transmission of insurance documents may also not be  
          effective because of the increasing fear of computer viruses or  
          scams that cause consumers to be reluctant to open emails from  
          senders, even when they appear to be legitimate because of the  
          increasing sophistication of such frauds.  


          For these reasons and others, California law in many instances  
          still requires written notices and other documents to be mailed  
          to an individual's home or designated physical mailing address  
          to better ensure delivery and/or receipt for legal purposes.  










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          This bill wisely seeks to apply heightened standards to the most  
          sensitive insurance documents to ensure their actual receipt by  
          consumers.  Last year, AB 1131 (Dababneh), Ch. 638, Stats. 2015,  
          established Insurance Code Section 38.6 to allow all life  
          insurance documents to be transmitted electronically if the  
          consumer opts-in.  Under Section 38.6, there are two different  
          standards to ensure that documents are sent and received based  
          on the sensitivity of the document.  For documents considered  
          less sensitive (for example, statements and routine notices),  
          life insurers may transmit them electronically if they comply  
                             with the minimum standards established by UETA.  (See Civil Code  
          Section 1633.15, stating an electronic record is received "when  
          the electronic record enters an information processing system  
          that the recipient has designated or uses for the purpose of  
          receiving electronic records or information of the type sent, in  
          a form capable of being processed by that system, and from which  
          the recipient is able to retrieve the electronic record.")  For  
          documents considered most sensitive, such as notices of  
          cancellation, termination, lapse of payment, and non-renewal,  
          Section 38.6 specifies heightened criteria for the policyholder  
          to acknowledge receipt of the notice before it can be considered  
          to have been received.  This is a key consumer protection  
          because the policyholder has a limited amount of time to respond  
          to such a notice.  For instance, among the most common causes  
          for a cancellation notice is the failure to timely pay a  
          premium, but the policyholder has a window to pay the premium to  
          keep the policy in force after receiving the notice.  This is  
          particularly significant for life insurance products as it can  
          be difficult to replace a life insurance policy later in life  
          because life insurance policies are harder to obtain and more  
          costly as a person ages.  Proponents note that this standard  
          imposes a greater level of consumer protection than current law  
          which merely requires the insurer to have proof of mailing with  
          no assurance that the policyholder is aware of receiving the  
          notice.


          Despite its heightened, two-tier system, Section 38.6 currently  
          applies to only life insurance documents, and not automobile or  








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          property-casualty insurance documents which are covered by  
          current Civil Code Section 38.5 (which itself is set to sunset  
          on January 1, 2019).  This bill adds authority for policyholders  
          to receive the full range of documents for automobile and  
          homeowner's policies electronically by repealing the existing  
          statute governing electronic transmission requirements for  
          property/casualty policies and instead applying the standards  
          developed in AB 1131.  The bill would have the additional  
          benefit of applying a common set of standards to both life  
          insurance and property/casualty policies in California.


          Proposed amendment to better ensure actual receipt by consumer  
          of sensitive documents transmitted electronically under Section  
          38.6.  Under the current version of the bill, an insurer may  
          demonstrate actual delivery and receipt by any of the following  
          methods:


            (A) The person acknowledges receipt of the electronic  
            transmission of the record by returning an electronic receipt  
            or by executing an electronic signature.


            (B) The record is made part of, or attached to, an email sent  
            to the email address designated by the person, and there is a  
            confirmation receipt, or some other evidence that the person  
            received the email in his or her email account and opened the  
            email.


            (C) The record is posted on the licensee's secure Internet Web  
            site, and there is evidence demonstrating that the person  
            logged onto the licensee's secure Internet Web site and  
            downloaded, printed, or otherwise acknowledged receipt of the  
            record.


            (D) If a licensee is unable to demonstrate actual delivery and  








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            receipt pursuant to this paragraph, the licensee shall resend  
            the record by regular mail to the person in the manner  
            originally specified by the underlying provision of this code.


          In discussions with the author, the Committee noted its concern  
          that "returning an electronic receipt" in (A) and all of the  
          language in (B) did not appear to adequately ensure that a  
          consumer actually receives the insurance document.   
          Problematically, the "electronic receipt" and "confirmation  
          receipt" referred might be satisfied by an automatic indicator  
          or reply script in an email program, which from experience does  
          not necessarily reflect an affirmative action or step taken by  
          the insured to indicate actual receipt of the underlying  
          document at issue.  The hallmark of demonstrating actual receipt  
          is when the consumer can be shown to have taken an affirmative,  
          non-automated step in response to the electronic delivery of the  
          document-for example, by logging into the insurer's secure  
          website to view the notice or respond to it, whether being  
          prompted by an email message or on their own accord.


          Committee staff notes that the bill might be further refined to  
          make sure it encompasses a very popular modern  
          technology-smartphone apps-that are increasingly being used by  
          insurance companies and their customers.  Because an app in some  
          cases may not involve the consumer literally logging on through  
          an insurer's secure website, the author may wish to explore with  
          stakeholders if there is a need to revise the language of (C),  
          or add a new paragraph, that clearly establishes that technology  
          like an interactive user app represents a secure and acceptable  
          way to actually receive electronic insurance notices.


          Accordingly, the author proposes the following amendments:


            On page 10, line 20, delete "returning an electronic receipt  
            or by", and delete lines 22 to 26.








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          Reestablishing a sunset date of January 1, 2021 for untested  
          authority to send sensitive auto, P&C, and life insurance  
          documents.  As introduced, this bill included a sunset provision  
          that would take effect January 1, 2021 unless a later enacted  
          statute deleted or extended that date.  However, the bill was  
          amended in Assembly Insurance Committee to eliminate the sunset  
          date completely, which in effect would have allowed for the  
          first time all of the sensitive automobile and property-casualty  
          cancellation and nonrenewal notices to be sent electronically,  
          while simultaneously striking the sunset date that would have  
          allowed the Legislature to evaluate that significant policy  
          change for the first time in 2021.  In addition, by striking the  
          sunset date in Section 38.6, this bill would have been undoing  
          the sunset date that was just established one year ago by AB  
          1131 for life insurance documents, before the Legislature had  
          had its first opportunity to evaluate the significant changes  
          related to their electronic transmission as created by AB 1131.  
          In explaining the rational for removing the sunset, the  
          Insurance Committee wrote:


               The Committee is aware of a number of insurers  
               (representing a significant portion of the  
               property/casualty insurance market in California) who have  
               been unwilling to make the considerable financial  
               investment required to go online because of the uncertainty  
               created by the sunset provisions.  Given that reality, the  
               sunset provisions are not only unnecessary, but also  
               getting in the way of providing consumers with online  
               options.  


          After discussions with Insurance Committee staff and other  
          stakeholders, the author proposes to amend the bill to  
          reestablish a January 1, 2021 sunset date that will apply to the  
          sensitive cancellation and nonrenewal documents subject to the  
          heightened standard for actual receipt, but that will not apply  








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          to the routine, less sensitive documents that may be transmitted  
          electronically under Section 38.6, including life insurance,  
          property-casualty, and automobile insurance-related documents.   
          The proposed amendments make clear that upon expiration of the  
          sunset date, on January 1, 2021, authority to provide sensitive  
          automobile and property-casualty documents electronically will  
          have expired, and electronic transmittal of those documents will  
          again be prohibited by Civil Code Section 1633.3(c) unless a  
          later enacted statute comes along to extend or repeal that  
          sunset date.


          Proposed amendment to consolidate dual reporting requirements.   
          Under the bill currently in print, the Insurance Commissioner  
          must report to the Governor and the Legislature on or before  
          January 1, 2020 his evaluation of the impact of the changes  
          brought about by AB 1131 of last year, with respect to the  
          electronic transmittal of life insurance documents to consumers.  
           In addition the Commissioner also is required to complete a  
          similar report, on or before January 1, 2018, evaluating the  
          impact of changes arising from SB 251 (2013), which allowed a  
          narrow range of documents to be provided electronically on a  
          trial basis.


          As proposed to be amended, this bill would consolidate those two  
          reports and make them both due on or before January 1, 2019.   
          This would increase efficiency and help facilitate a single  
          report by the Commissioner that would be received and  
          contemplated by the Legislature well in advance of the January  
          1, 2021 sunset date to be re-established by this bill.


          ARGUMENTS IN OPPOSITION:  The Committee received an Oppose  
          Unless Amended letter from the Consumer Attorneys prior to a  
          compromise being reached on the proposed amendments described  
          above.  The letter states that CAOC opposes the bill "unless it  
          is amended to ensure adequate safeguards are implemented to make  
          certain that consumers receive their important insurance renewal  








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          notices and a proper sunset date is added."  It is believed that  
          the author's proposed amendments may address some of CAOC's  
          concerns, but that at the time of this analysis CAOC is listed  
          in opposition while the group reviews the amendments.  At the  
          same time, the group has pledged to work with the author as the  
          bill moves forward.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Insurance Association


          Association of California Insurance Companies


          Independent Insurance Agents and Brokers of California


          Pacific Association of Domestic Insurance Companies


          Personal Insurance Federation of California




          Oppose unless amended


          Consumer Attorneys of California










                                                                    AB 2591


                                                                    Page  18







          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334