BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 488


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          Date of Hearing:   June 22, 2016


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          SB  
          488 (Block) - As Amended June 16, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Public insurance adjusters


          SUMMARY:  Updates existing statutes governing public insurance  
          adjusters (public adjusters).  Specifically, this bill:  


          1)Adds public adjusters to an existing statute regarding license  
            renewal for those in active military service.


          2)Provides that fees collected related to the licensing of  
            public adjusters are earned fees and not refundable.


          3)Defines various terms for the purposes of the Public Insurance  
            Adjusters Act.


          4)Exempts various entities involved in submitting and  
            negotiating insurance claims from the act.










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          5)Requires an applicant for a public adjuster license to  
            complete 20 hours of pre-license education.


          6)Requires an applicant for a public adjuster license to have  
            either two-years of experience adjusting property claims or  
            completed one year while licensed as an apprentice public  
            adjuster.


          7)Permits an individual who resides in a state that does not  
            license public adjusters to designate California as their home  
            state.


          8)Exempts an individual licensed as a public adjuster in another  
            state from the pre-license education requirement.


          9)Requires the issuance of a non-resident public adjuster  
            license to an applicant that meets the requirements for a  
            public adjuster in California and whose home state grants  
            non-resident licenses to California licensed public adjusters  
            on the same basis.


          10)Establishes a license for apprentice public adjusters to  
            permit individuals to engage in specified public adjusting  
            activities under the supervision of a public adjuster while  
            preparing to become fully licensed.


          11)Requires an applicant for the apprentice public adjuster to  
            complete 20 hours of pre-license education during the course  
            of their apprenticeship.


          12)Prohibits the fee charged by a public adjuster to result in  
            the insured receiving less compensation from the insurer than  








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            before the public adjuster was retained.


          13)Prohibits public adjusters from soliciting new business  
            before the event causing the loss is over.


          14)Permits the insured to cancel a contract with a public  
            adjuster after a catastrophe up to five days after signing the  
            contract.


          15)Establishes an inactive license category for public adjusters  
            who are not actively practicing.


          16)Updates the fees listed in statute to reflect the current fee  
            schedule.


          17)Makes findings and declarations related to the licensing fees  
            for public adjusters.


          EXISTING LAW:   


          1)Requires individuals and organizations acting as public  
            adjusters to be licensed by the Department of Insurance (DOI).


          2)Defines a public adjuster as an individual or organization  
            that assists insureds in negotiating and settling property  
            insurance claims for a fee.


          3)Requires an applicant for a public adjuster license to have  
            sufficient experience adjusting property claims, as determined  
            by the Insurance Commissioner (commissioner).








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          FISCAL EFFECT:  This bill was reported out of the Senate  
          Appropriations Committee pursuant to Senate Rule 28.8.


          COMMENTS:  



          1)Purpose.  According to the author, Senate Bill 488 establishes  
            and enhances consumer protections against unfair practices by  
            public adjusters.  The bill also more closely aligns  
            California law with national licensing standards.   
            Additionally, the bill enhances consumer protections by  
            clarifying the rules governing the compensation public  
            adjusters receive, better defines the conditions under which a  
            public adjuster may contact consumers, and changes the  
            notification requirement which allows consumers to cancel the  
            services of a public adjuster in claims relating to a  
            catastrophic disaster.

          2)Public Adjusters.  Insurance adjusters investigate the  
            circumstances of an insurance claim, evaluate the covered  
            losses, and negotiate settlements according to the policy and  
            applicable law.  Adjusters fall into one of three categories,  
            "company adjusters" who are employed by insurers, "independent  
            insurance adjusters" who are independent contractors used by  
            insurers, and "public adjusters" who represent a policyholder  
            in the settlement of a claim.  Public adjusters inspect the  
            property, evaluate the damage, prepare supporting  
            documentation and data, help to establish replacement costs,  
            and provide other services.  They are typically paid on a  
            contingency fee basis by the policyholder. 

          3)Related Legislation.  AB 2588 (Chu) which greatly expands the  
            regulation of independent insurance adjusters passed this  
            committee in April.  The bill is scheduled for a hearing  
            before the Senate Insurance Committee on June 22.  








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Department of Insurance




          Opposition




          None received




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











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