BILL ANALYSIS                                                                                                                                                                                                    




SENATE RULES COMMITTEE                           AB 1754
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
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                       THIRD READING
                                                              
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Bill No:  AB 1754
Author:   Knowles (R)
Amended:  8/19/96 in Senate
Vote:     21
                                                              
                                                             
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 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
                                                              
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SUBJECT:    Insurance:  Fair Plan

 SOURCE:     The author
                                                              
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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  
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  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,  
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  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

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 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,  
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  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
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