BILL ANALYSIS SENATE RULES COMMITTEE AB 1754 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . THIRD READING . Bill No: AB 1754 Author: Knowles (R) Amended: 8/19/96 in Senate Vote: 21 . SENATE INSURANCE COMMITTEE: 6-1, 7/3/96 AYES: Lewis, Johnson, Johnston, O'Connell, Peace, Russell NOES: Rosenthal NOT VOTING: Hughes, Killea SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 41-28, 1/30/96 - See last page for vote . SUBJECT: Insurance: Fair Plan SOURCE: The author . DIGEST: This bill: 1. Provides that a policy of residential property insurance that does not include any of the perils insured in a standard fire policy is not to be included in the definition of policy of residential property insurance. 2. Prohibits rates for the Fair Plan from being excessive, inadequate, or unfairly discriminatory. The rates are to be actuarially sound so that premiums are adequate to ?1 CONTINUED AB 1754 Page 2 cover expected losses, expenses and taxes, and are to reflect investment income of the plan. Specify the factors that the Fair Plan is to consider in adopting rates. ANALYSIS: Existing law 1. Establishes the California Fair Plan Association, comprised of all insurers in California that write property insurance business, and designed to provide basic property insurance to California property owners unable to procure insurance through normal market channels. 2. Provides for financing of the Fair Plan, first through premiums collected in the current year, and if there is a shortfall, through assessments on member insurers. Where there is a surplus in a particular year, which is usually the case, the surplus is paid out to member insurers. 3. Authorizes but does not require the Fair Plan to offer earthquake coverage along with basic property insurance. 4. Proposition 103 requires that insurance rates not be excessive, inadequate or unfairly discriminatory. 5. Requires that a "policy of residential property insurance" may not be issued or renewed by any insurer unless the insured is "offered" coverage for earthquake loss or damage. This bill requires that the rates for a policy of earthquake property insurance issued by the Fair Plan shall be established based on the best available scientific information for assessing the risk of earthquake loss. Specifies factors that must be considered in setting such rates, and the Fair Plan Association may not adjust rates lower than justified in high-risk classifications or higher than justified in low-risk classifications. AB 1754: 1. Prohibits rates for the Fair Plan from being excessive, ?2 ? AB 1754 Page 3 inadequate, or unfairly discriminating. Requires the rates to be actuarially sound so that premiums are adequate to cover expected losses, expenses and taxes, and requires the rates to reflect investment income of the plan. If the plan returns premiums to members annually, the rates are not to include any component relating to surplus enhancements. 2. Requires that rates for a policy of earthquake insurance issued by the Fair Plan is to be established based on the best available scientific information for assessing the risk of earthquake. Factors that the association is to consider in adopting the rates would include, but are not limited to, the following: A. Location of the insured property and its proximity to earthquake faults and to other geological factors affecting the risk of earthquake. B. The soil type upon which the insured dwelling is built. C. Construction type of the insured dwelling. D. The presence of earthquake hazard reduction factors as defined in law. 3. Specifies that all information considered by the Fair Plan Association in establishing rates are to be public records. 4. Prohibits the Fair Plan Association from adjusting rates lower than justified in high-risk classifications or higher than justified in low-risk classifications. 5. Provides that a policy of residential property insurance that does not include any of the perils insured against in a standard fire policy is not to be included in the definition of policy of residential property insurance. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No ?3 ? AB 1754 Page 4 SUPPORT: (Verified 8/19/96) Association of California Insurance Companies California Association of Health Underwriters Mercury Insurance Group National Association of Independent Insurers Personal Insurance Federation of California State Farm Insurance Companies OPPOSITION: (Unable to reverify opposition at time of this writing) Proposition 103 Enforcement Project ARGUMENTS IN SUPPORT: The author believes that the rates currently charged by the Fair Plan are not actuarially sound and that these unsound rates have resulted in the inability of the Fair Plan to cover losses on its policies. The author believes that this bill is necessary to protect the solvency of the Fair Plan by making Fair Plan rates actuarially sound. The author believes that higher rates will discourage use of the Fair Plan and thus reduce risk. As of January 10, 1996 the Fair Plan had 45,282 earthquake policies in force with a total exposure of over $11.3 billion. This represents about two percent of market share, which is double the market share from one year ago. Because there is presently no cap on Fair Plan market share, the potential assessments against companies are uncontrollable. The only way for a company to reduce its assessment is to reduce its market share by non renewing policies. The author believes that the negative effects of uncontrollable Fair Plan exposure on the state's homeowners and commercial property insurance market is further exacerbated by providing a disincentive for new companies to enter the California market. ASSEMBLY FLOOR: AYES: Ackerman, Aguiar, Alby, Baldwin, Battin, Baugh, Boland, Bordonaro, Bowler, Brewer, Brulte, Conroy, Cunneen, Firestone, Frusetta, Goldsmith, Granlund, Harvey, Hawkins, Hoge, House, Kaloogian, Knight, Knowles, Kuykendall, Margett, McPherson, Miller, Morrissey, ?4 ? AB 1754 Page 5 Morrow, Olberg, Poochigian, Rainey, Richter, Rogan, Setencich, Takasugi, Thompson, Weggeland, Woods, Pringle NOES: Archie-Hudson, Baca, Brown, Burton, Bustamante, Caldera, Cannella, Escutia, Figueroa, Friedman, Gallegos, Hauser, Isenberg, Katz, Knox, Kuehl, Lee, Machado, Martinez, Mazzoni, K. Murray, W. Murray, Napolitano, Sher, Speier, Sweeney, Tucker, Villaraigosa NOT VOTING: Alpert, Bates, Bowen, Campbell, Cortese, Davis, Ducheny, Hannigan, McDonald, Vasconcellos DLW:jk 8/20/96 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** ?5 ?