BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1302|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 1302
          Author:   McGuire (D), et al.
          Amended:  4/19/16  
          Vote:     27 - Urgency

           SENATE INSURANCE COMMITTEE:  8-0, 4/13/16
           AYES:  Roth, Gaines, Berryhill, Glazer, Hall, Liu, Mitchell,  
            Wieckowski
           NO VOTE RECORDED:  Hernandez

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           SUBJECT:   Basic property insurance:  California FAIR Plan


          SOURCE:    California Department of Insurance

          DIGEST:  This bill requires insurers admitted to sell property  
          insurance in the state to provide the California FAIR (fair  
          access to insurance requirements) Plan (FAIR Plan) Internet Web  
          site address and statewide toll-free telephone number to an  
          applicant for insurance who is denied coverage, or a  
          policyholder whose policy is canceled or non-renewed; requires  
          the FAIR Plan to establish and maintain an Internet Web site  
          through which a person may receive information and assistance in  
          applying for insurance; requires an insurance agent or broker  
          transacting basic property insurance to assist a person in  
          making an application for insurance through the FAIR Plan, as  
          specified; and declares that it is an urgency statute.

          ANALYSIS:  
          
          Existing law:








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          1)Establishes the FAIR Plan to assure stability in the property  
            insurance market in California, to assure the availability of  
            basic property insurance as defined, to encourage maximum use  
            of the normal market provided by admitted insurers and  
            licensed surplus line brokers, and to provide for the  
            equitable distribution among admitted insurers of the basic  
            responsibility for insuring qualified property for which basic  
            property insurance cannot be obtained through the normal  
            market;

          2)Requires all insurers admitted to transact property insurance  
            in the state to participate in the FAIR Plan;

          3)Defines "basic property insurance" as insurance against direct  
            loss to real or tangible personal property at a fixed location  
            in those geographic or urban areas designated by the Insurance  
            Commissioner (IC), from perils insured under the standard fire  
            policy and extended coverage endorsement and vandalism and  
            malicious mischief and such other coverages as may be added  
            with the approval of the IC, as specified;

          4)Requires the FAIR Plan to establish and maintain a statewide  
            toll-free "800" number for persons interested in applying for  
            insurance through the plan, and to have that number published  
            in general distribution telephone directories;

          5)Requires every insurer member of the FAIR Plan to provide  
            applicants who are denied coverage the FAIR Plan's toll-free  
            number;

          6)Requires every insurance agent or broker transacting basic  
            property insurance to either assist persons in making an  
            application for FAIR Plan insurance, or provide them with the  
            FAIR Plan toll-free number.

          This bill:

          1)Requires insurers admitted to sell property insurance in the  
            state to provide the FAIR Plan Internet Web site address and  
            statewide toll-free number telephone number to an applicant  
            for insurance who is denied coverage, or a policyholder whose  
            policy is canceled or non-renewed, beginning on March 1, 2017;








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          2)Requires the FAIR Plan to establish and maintain an Internet  
            Web site through which a person may receive information and  
            assistance in applying for insurance in addition to a  
            statewide toll-free telephone number, and deletes a reference  
            to an "800" number;

          3)Requires an insurance agent or broker transacting basic  
            property insurance to assist a person in making an application  
            for insurance through the FAIR Plan by submitting an  
            application at the person's request or providing the person  
            with the FAIR Plan's Internet Web site and toll-free number;

          4)Declares it is an urgency statute in order to have the  
            consumer protections in the bill to become operative as soon  
            as possible for homeowners who are located in high-risk brush  
            and wildfire areas and are having difficulty obtaining  
            insurance coverage for their property, and to provide insurers  
            with adequate time to prepare their required notices.   

          Comments
          
          The FAIR Plan was created by statute in 1968 following brush  
          fires and riots in the 1960's that led many insurers to exit  
          urban areas or neighborhoods as too risky to insure. Its stated  
          purpose is "to assure stability in the property insurance market  
          for property located in the State of California," and to "assure  
          the availability of basic property insurance?."  It is a private  
          association based in Los Angeles comprised of all insurers  
          admitted to write property insurance in California.  FAIR Plan  
          profits and losses are shared by its members in direct  
          proportion to their market share of property insurance written  
          in California. The FAIR Plan is not a state agency and no  
          taxpayer funds are involved.

          The FAIR Plan offers a standard fire insurance policy for both  
          structure and contents of residential and commercial properties.  
          Its basic requirements are that the home or property be in  
          insurable condition, it cannot have been vacant for more than  
          one year, and no illegal activities take place at the property.  
          A FAIR Plan policy does not provide coverage for liability,  
          theft or water damage typically found in most homeowners'  
          policies, however. The homeowner or business generally must also  
          purchase a "Difference in Condition" policy or other  
          supplemental coverage from the voluntary insurance market when  







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          purchasing a FAIR Plan policy. Several major insurance  
          companies, but not all, write such policies, including Farmers,  
          Travelers and Nationwide. 

          As the insurer of last resort, the FAIR Plan does not advertise,  
          and many homeowners in high fire risk areas who have been  
          non-renewed or are having difficulty finding insurance may be  
          unaware of the FAIR Plan insurance option.  Until recently only  
          about 6,600 out of 90,000 agents and brokers in the state were  
          registered to sell FAIR Plan policies, although according the  
          California Department of Insurance (CDI) that number has  
          increased to about 10,000 as a result of CDI outreach to the  
          agent and broker community since the fires of 2015.  It takes  
          about two days for an agent or broker to register with the FAIR  
          Plan and requires little more than submitting a copy of the  
          agent or broker's license. No fees or testing are required, and  
          the FAIR Plan offers a 10% commission for new business and 8%  
          commission for renewals. At the same time, some insurance agents  
          or brokers may be unable to place insurance with the FAIR Plan  
          because they are "captive" agents and can contractually only  
          sell policies of their contracting company.

          There remains a big gap in understanding of the FAIR Plan among  
          many agents and brokers who are currently only required by  
          statute to provide homeowners looking for insurance the FAIR  
          Plan "800" toll-free phone number.  They are not required to  
          actually help the consumer apply for such coverage, and many do  
          not understand the options for coverage provided by the FAIR  
          Plan. 

          The FAIR Plan reports that it has not seen an increase of new  
          business in wildland-urban interface areas as a result of the  
          drought and recent fires. With approximately 126,000 FAIR Plan  
          dwelling policies in place in the state, 76% of those policies  
          are in urban areas, largely in the Los Angeles area. As of  
          February, the FAIR Plan had 24,538 policies in high and extreme  
          wildfire risk areas, about 20% of its total policies.

          Until recently, applicants for FAIR Plan coverage in specific  
          geographic areas had to provide the names of three insurance  
          companies that had denied insurance coverage for their property  
          in order to qualify for a FAIR Plan policy.  After a review  
          following the Valley and Butte fires last year, the IC in  
          January directed the FAIR Plan to make several changes to its  







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          operations, including some enhanced coverage options,  
          eliminating the requirement that homeowners prove they were  
          rejected three times for standard insurance policies, and giving  
          more access to brokers registered with the FAIR Plan.

          To improve the ability of consumers to access the FAIR Plan and  
          identify brokers who can help them place such policies, the FAIR  
          Plan recently developed a broker lookup feature on its website  
          that allows the consumer to enter their zip code or city to  
          identify FAIR Plan registered brokers in their area.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified5/17/16)


          California Department of Insurance (source)
          California Apartment Association
          California Association of Realtors
          California Professional Firefighters
          Consumer Federation of California
          Independent Insurance Agents and Brokers of California
          Personal Insurance Federation of California
          Rural County Representatives of California


          OPPOSITION:   (Verified5/17/16)


          None received

          ARGUMENTS IN SUPPORT: The CDI has sponsored SB 1302 because it  
          heard from many consumers affected by the catastrophic Valley  
          and Butte fires in 2015 who were facing cancellation or  
          non-renewal of their homeowners' policies that they were unaware  
          of the FAIR Plan. This bill is a modest but important step in  
          closing this information gap so that consumers facing very  
          difficult and expensive insurance decisions have sufficient  
          information to make the best possible decision to protect their  
          families.








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          The Rural County Representatives of California reports its  
          members have noticed a recent increase in the number of property  
          owners being non-renewed, particularly those in high fire  
          severity areas around the state. In these instances, homeowners  
          must be made aware of their options for purchasing property  
          insurance including the availability of homeowners' insurance  
          through the FAIR Plan. The California Association of Realtors  
          supports SB 1302 because homeowners are often completely unaware  
          of the basic coverage that is available through the FAIR Plan  
          and risk losing the ability to close a transaction or risk a  
          technical default on their mortgage because of that lack of  
          knowledge.



          Prepared by:Erin Ryan / INS. / (916) 651-4110
          5/18/16 16:28:03


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