BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON INSURANCE
                             Senator Richard Roth, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 2884       Hearing Date:    June 22,  
          2016
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          |Author:    |Committee on Insurance                               |
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          |Version:   |June 8, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Erin Ryan                                            |
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              Subject:  Insurance:  licensees:  Internet:  disclosures


           SUMMARY    Contains numerous technical and noncontroversial  
          provisions related to insurance law.
          
           
          DIGEST

          Existing law
            
           1.  Defines an automobile insurance policy, and provides specified  
              requirements for the cancellation or non-renewal of such a  
              policy (Insurance Code §660 et seq.);

           2.  Exempts from the definition any policy insuring more than 4  
              vehicles;

           3.  Prohibits a person from soliciting, negotiating, or effecting  
              contracts of insurance, or acting in the capacity of an  
              insurance agent or broker unless the person holds a valid  
              license issued by the Insurance Commissioner (IC);

           4.  Allows the IC, without hearing, to deny an application for a  
              license if the applicant has committed a felony as shown by a  
              plea of guilty or no lo contendere or a final judgement of  
              conviction, or committed a misdemeanor denounced in the  
              Insurance Code or other laws regulating insurance as shown by a  
              plea of guilty or no lo contendere, or by a final judgement of  
              conviction;







          AB 2884 (Committee on Insurance)                                  
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           5.  Requires an applicant for a license to pass a qualifying  
              examination for licensure prior to receiving a permanent license  
              and allows the applicant to retake the qualifying examination  
              subject to reasonable time limits limiting when a person who has  
              failed the test may retake it;

           6.  Requires a person licensed as an insurance agent or broker to  
              submit any fictitious name for doing business that is different  
              from the name on their license to the IC, and permits the IC to  
              disapprove that name if it is misleading or too similar to  
              another name already in use;

           7.  Requires an insurance agent or broker who advertises insurance  
              on the Internet to include specified information, including the  
              name on their license and any fictitious name approved by the  
              IC;


           8.  Prohibits the IC from suspending or revoking a bail agent's  
              license without first granting a hearing;

           9.  Specifies the procedure for calculating cash surrender benefits  
              and paid up annuity benefits for individual annuity contracts;

           10. Requires the IC to annually prepare a consumer rate guide for  
              long-term care insurance and to include specified information  
              from insurers regarding all policies, including rate history,  
              for the current year and the 4 previous years;

           11. Requires insurers or other entities marketing long-term care  
              insurance to develop suitability standards to determine whether  
              the purchase or replacement of long-term care insurance is  
              appropriate for the needs of the applicant, including the  
              applicant's ability to pay for the proposed coverage, the  
              applicant's goals and needs, and the value, benefits and cost of  
              the applicant's existing insurance;

           12. Requires a long-term care insurer to disclose all rate  
              increases and rate increase requests for all policies, whether  
              issued by the insurer or purchased or acquired from another  
              insurer, since January 1, 1990, and inform the consumer of the  
              availability of the long-term care insurance rate guide;









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           13. Specifies the method of determining the reasonableness of  
              benefits under long-term insurance policies in relation to  
              expected loss ratios;

           14. Provides for the regulation of grants and annuities societies  
              by the IC, specifies qualifications for a certificate of  
              authority, and requires specified fees;

           15. Regulates the business of workers' compensation insurance,  
              including the deposit of  cash instruments or other forms of  
              security;

           16. Requires the IC to establish a program to investigate  
              complaints and respond to inquiries by members of the public  
              regarding the handling of insurance complaints, bring  
              enforcement actions when warranted, and provide to the insurer  
              or production agency a description of any complaint the IC has  
              deemed justified at least 30 days prior to public release of a  
              report summarizing the information
           

          This bill

            1.  Deletes the exemption in the definition of an automobile  
              insurance policy for policies insuring more than 4 vehicles;

           2.  Deletes an obsolete section dealing with fees in the  
              1996-1997 fiscal year;

           3.  Clarifies that the IC may revoke or deny a license based on  
              a guilty verdict for a felony charge; 

           4.  Prohibits a person who has failed an examination for  
              licensure 10 times within the previous 12 months from  
              enrolling in any future examinations for 12 months from the  
              date of the 10th failed examination;

           5.  Specifies that an insurance agent or broker who advertises  
              insurance on the Internet shall list his or her name as  
              filed with the IC as long as it has not been disapproved by  
              the IC;

           6.  Prohibits the IC from denying a bail agent license without  
              first granting the applicant a hearing;








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           7.  Specifies that for annuities with fixed maturity dates  
              under which the fixed maturity date is later than the later  
              of the anniversary of the contract following the annuitant's  
              70th birthday or the 10th anniversary of the contract, the  
              maturity date shall be deemed to be the later of the two  
              dates;

           8.  Requires the IC to include in the long-term care insurance  
              rate guide the rates for all policies issued in California  
              for the previous 9 years;

           9.  Specifies the method for calculating the discount rate in  
              the calculation of lifetime expected loss ratios for  
              long-term care insurance;

           10. Prohibits the IC from billing or attempting to collect fees  
              from a grants and annuities society upon receipt of a notice  
              of filing of a petition of bankruptcy;

           11. Requires the IC to cancel the certificate of authority of a  
              grants and annuities society upon the suspension of its  
              corporate status by the Secretary of State for a period of  
              12 months;

           12. Make technical and clarifying changes to the regulation of  
              workers' compensation insurer deposits of cash and other  
              forms of security. 

           13. Allows the IC to establish an Internet-accessible  
              complaints response system to distribute and receive  
              complaint information from the public, and to require  
              insurers to submit and receive complaint information through  
              any system as established by the IC.


           COMMENTS

          1.  Purpose of the bill    This is the CDI's annual "omnibus"  
              bill to make noncontroversial statutory, technical and  
              clarifying changes to the insurance law. 


           2.  Background   The following are CDI explanations of  








          AB 2884 (Committee on Insurance)                                  
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              substantive changes made in this bill:

                 a)       Update the Definition of Policy for Private  
                   Passenger Auto Insurance. California Insurance Code  
                   (CIC) 660 was added to the code in 1968 and limited the  
                   definition of a "policy" by precluding any policy  
                   insuring more than four automobiles.  This section has  
                   become outdated as it is not uncommon for modern  
                   households to have more than four automobiles available  
                   for personal, non-commercial use.  In its current form,  
                   this section can result in an individual not being  
                   afforded the protections otherwise available under  
                   Proposition 103 due only to the number of owned  
                   personal use vehicles he/she desires to insure on the  
                   policy.  This proposal will ensure availability of the  
                   required coverage to multi-vehicle households.  
                    
                 b)        Provide Consistency Regarding Judgements,  
                   Pleas, Verdicts, and Convictions. Insurance Codes 1668  
                   and 1669 were meant to use similar standards to deny or  
                   revoke licenses, either through a hearing or summarily  
                   but CIC 1669 does not include the ability to summarily  
                   deny or revoke a license based on a guilty verdict for  
                   a felony charge.  This inconsistency creates an unfair  
                   standard for individuals who enter in a plea of guilty  
                   or nolo contendere versus those who have received a  
                   guilty verdict by a jury, but have not received a final  
                   judgment.  This proposal would make the language  
                   consistent and basis for punishment consistent between  
                   CIC 1668 and 1669.

                 c)       Set Statutory Limitations on Taking License  
                   Examinations to Prevent Question Harvesting.  
                   Individuals applying for an insurance producer, bail  
                   agent, life and disability insurance analyst,  
                   independent insurance adjuster or public insurance  
                   adjuster license must first pass a qualifying license  
                   examination.  Depending on the license type, between 30  
                   percent and 60 percent of these individuals end up  
                   taking the examination more than once as they are  
                   unable to pass the examination on the first attempt.  
                   However, CDI has found that there are undetected test  
                   takers harvesting examination questions and then  
                   selling the questions to education providers.  This  








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                   proposal would repeal Section 1681 of the CIC and amend  
                   Section 1682 of the CIC to place a limitation of 10  
                   examinations taken in a 12-month period, including a  
                   waiting period of twelve months after failing an  
                   examination the tenth time in the twelve month period.  
                   Such a limitation will provide license applicants with  
                   an ample number of opportunities to pass the qualifying  
                   license examinations but at the same time discourage  
                   individuals in the business of examination harvesting  
                   to take CDI's license examinations.

                 d)       Technical Clean-up for Internet Advertising  
                   Required Information.  There is a discrepancy in CIC  
                   1724.5 and CIC 1726 regarding internet advertising  
                   required information for licensees.  The first section  
                   states that the Commissioner can disapprove any name if  
                   it leads to confusion (except for the real name of a  
                   person). When that happens the licensee is given a  
                   "committed DBA (doing business as) name that they must,  
                   and can only, use in California. As it stands now, CIC  
                   1726 states that they must post on the internet their  
                   name as it appears on their license (which is their  
                   real name - even if disapproved) and any DBAs. This  
                   proposal would require licensees to only post on the  
                   internet the name they have had approved by the  
                   Commissioner so that even if they are not going to use  
                   it, consumers can still look up a licensee by their DBA  
                   and find out who they actually are. This proposal  
                   cleans-up the conflicting code section so licensees can  
                   properly comply.

                 e)       Amend Insurance Code 1807.5 to Provide  
                   Consistency in the Statues Affecting Bail Agents.  
                   Insurance Code 1807.5, which applies specifically to  
                   bail agents, is inconsistent with disciplinary actions  
                   taken against other licensed agents and applicants.   
                   The intention of AB 2782 (Assembly Committee on  
                   Insurance) of 2010 was to clarify the requirement for  
                   hearings for bail agents, but instead it created  
                   ambiguity as to when it is referring to applicants or  
                   licensees and as to whether the IC can deny a license  
                   to an applicant.  This proposal amends this section to  
                   ensure that bail agents are held to the same  
                   enforcement standards as other licensees.








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                 f)       Amend the Annuity Nonforfeiture Law.  The  
                   existing statute CIC 10168.6 clarifies what the  
                   maturity date in an annuity contract is deemed to be  
                   when applying the nonforfeiture tests described in CIC  
                   10168.4 and CIC 10168.5 to a contract under which an  
                   election may be made to have annuity payments commence  
                   at optional maturity dates. By specifying a fixed  
                   maturity date at some artificially high age, insurers  
                   are currently able to sell contracts to California  
                   consumers which will effectively provide annuity  
                   benefits of a very limited duration, if at all, and  
                   which contain higher surrender charges than equivalent  
                   contracts with optional maturity dates or contracts  
                   which specify a reasonable maturity date. The proposed  
                   language would clarify that the deemed maturity date  
                   used in the nonforfeiture compliance testing will be  
                   the same for contracts which have a fixed maturity date  
                   beyond what is considered reasonable, and for optional  
                   maturity date contracts .  The proposed change will  
                   help protect seniors from purchasing annuity contracts  
                   which contain high surrender charges that may apply for  
                   a period that exceeds their expected lifetimes.

                 g)       Update Inconsistency in the Long-Term Care Rate  
                   History Information.  The consumer rate guide for  
                   long-term care described in CIC 10234.95 provides rate  
                   history data for the current year and preceding nine  
                   years per CIC 10234.6(c), but CIC 10234.6(b) and (b)(1)  
                   require the current year and preceding four years.  CDI  
                   believes this discrepancy is a result of when  
                   hardcopies were still the norm and AB 1760, (Assembly  
                   Committee on Insurance, Chap. 415, Statutes of 2005)  
                   changed those sections to the past four years because  
                   the guide weighed 4 pounds, 10 ounces.  That bill seems  
                   to have overlooked other sections, and with hardcopies  
                   currently being relatively obsolete, this bill will  
                   streamline all the relative sections in the code to  
                   provide long-term care rate history for the current  
                   year and preceding nine years.  

                 h)       Grant and Annuities Forced Withdrawal.  CDI  
                   bills all licensed Grants & Annuities Societies  
                   annually and then attempts to collect from the  








          AB 2884 (Committee on Insurance)                                  
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                   delinquent companies, but there have been  
                   non-responsive companies that have not withdrawn under  
                   CIC section 11520.5 but are no longer in business or  
                   functioning.   In most cases they have been suspended  
                   by the Secretary of State. Continued invoicing of  
                   companies no longer in business results in unresolved  
                   accounts receivable that cannot be closed.  This  
                   proposal would allow CDI to stop imposing or collecting  
                   periodic and annual fees from licensed Grants &  
                   Annuities Societies upon notice of a Bankruptcy filing  
                   or if their corporate status has been suspended by the  
                   Secretary of State for a period of twelve (12) months  
                   and further would permit the Certificate of Authority  
                   to expire.

           1.  Support   None received.

           2.  Opposition   None received.

           
          
          POSITIONS
          
          Support
           
          California Department of Insurance (sponsor)  

          Oppose
               
          None received

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