BILL ANALYSIS Ó SENATE COMMITTEE ON INSURANCE Senator Richard Roth, Chair 2015 - 2016 Regular Bill No: SB 335 Hearing Date: April 22, 2015 ----------------------------------------------------------------- |Author: |Roth | |-----------+-----------------------------------------------------| |Version: |February 23, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Erin Ryan | | | | ----------------------------------------------------------------- Subject: Earthquake insurance SUMMARY Requires additional earthquake insurance premium paid as a result of failure to comply with specified building code standards to be refunded to an insured that subsequently brings the dwelling up to code, pro-rated as of the date the approved inspection record is received by the insurer, and makes other technical and clarifying changes. DIGEST Existing law 1. Generally provides for the regulation of residential earthquake insurance; 2. Provides that no homeowners' insurance policy may be offered or sold in California unless the homeowner is offered earthquake coverage, either as part of the homeowners' policy, or as a separate policy; 3. Allows insurers to charge an additional earthquake premium or deductible if a dwelling fails to comply with specified uniform building codes; (§10082.5) 4. Provides that if the dwelling is subsequently brought into compliance with the applicable building code, then the additional premium or deductible shall not be charged; SB 335 (Roth) Page 2 of ? 5. Requires a copy of the approved inspection record for the work performed to bring the dwelling into compliance be submitted by the insured to the insurer to verify that the retrofits have been performed; 6. Requires personal lines insurers, including but not limited to homeowners' and automobile insurers, whenever a policy terminates or there is a reduction in coverage, to refund the gross unearned premium to the insured within 25 business days after the insurer receives notice of the event that generated the unearned premium. This bill 1. Requires additional premium or deductible paid as a result of failure to conform with building codes to be refunded to an insured that brings the dwelling into compliance, prorated as of the date the approved inspection record is received by the insurer; 2. Makes other technical and clarifying changes. COMMENTS 1. Purpose of the bill To ensure that homeowners who repair or retrofit their homes to meet required building codes get a refund of any surcharges for noncompliance they have pre-paid once their home is brought into compliance. 2. Background Fewer than 11% of California homeowners purchase earthquake insurance, despite predictions that the state will experience a major earthquake sometime in the next 30 years. The low frequency of earthquake disasters, compared to other natural catastrophes, tends to shape the perception that earthquake risk is much lower than it actually is, even in places where there have been very deadly and damaging events like California. In addition, earthquake insurance policies can be expensive and carry large deductibles, making them unattractive to homeowners who are not mandated to carry such coverage by law or SB 335 (Roth) Page 3 of ? required to purchase it by their lenders. Current law allows earthquake insurers to charge an additional earthquake premium or deductible if a dwelling fails to meet specified building standards. It also specifies that if the dwelling is subsequently brought into compliance, then the additional premium or deductible attributed to non-compliance shall not be charged. A copy of the approved inspection record must be submitted to the insurer to verify that the retrofits have been performed. (Insurance Code §10082.5). Current law requires personal lines insurers, whenever a policy terminates, or there is a reduction in coverage, to refund the gross unearned premium to the insured within 25 business days after the insurer receives notice of the event that generated the unearned premium. (Insurance Code §481.5) This bill makes clear that a homeowner is entitled to a refund of any premium surcharge as of the date the reason for the surcharge is eliminated. 3. Support According to the author, individuals that make the necessary improvements and upgrades to their homes to meet building code standards to protect against earthquake damage should not have to pay the higher premiums charged to those who fail to comply with building code standards. Many homeowners who purchase earthquake insurance pay their premiums annually, or every six months, and they should be entitled to a quick refund of any excess paid. The California Association of Realtors supports SB 335 because it offers an equitable result for homeowners who bring their homes into compliance with recommended seismic reinforcements, and provides an additional incentive to be pro-active in addressing the seismic safety of their homes. 4. Prior and Related Legislation SB 602 (Monning) allows the CEA to create a new voluntary financing tool for homeowners to mitigate and retrofit their homes against earthquake damage. POSITIONS Support SB 335 (Roth) Page 4 of ? California Association of Realtors Oppose None received -- END --