BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 470|
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CONSENT
Bill No: AB 470
Author: Niello (R)
Amended: As introduced
Vote: 21
SENATE BANKING, FINANCE, AND INS. COMMITTEE : 11-0, 6/17/09
AYES: Calderon, Cogdill, Correa, Cox, Harman, Kehoe, Liu,
Lowenthal, Padilla, Runner, Wolk
NO VOTE RECORDED: Florez
SENATE JUDICIARY COMMITTEE : 5-0, 6/23/09
AYES: Corbett, Harman, Florez, Leno, Walters
ASSEMBLY FLOOR : 73-0, 5/14/09 (Consent) - See last page
for vote
SUBJECT : Insurance information
SOURCE : Civil Justice Association of California
DIGEST : This bill authorizes an insurance institution,
agent, or insurance-support organization to disclose
information to an insureds lawyer from an accident report,
supplemental report, investigative report or the actual
report from a governmental agency or which is a copy of an
accident or other report which the insured is entitled to
obtain under specified provisions of the Vehicle Code or
Government Code.
ANALYSIS :
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Existing law:
1. Sets forth the Insurance Information and Privacy Act
(IIPA) which sets standards for the for the collection,
use and disclosure of information gathered in connection
with insurance transactions and seeks to maintain a
balance between the need for information by those in the
insurance business and the public's need for fairness in
information handling and the need to minimize
intrusiveness.
2. The IIPA prohibits an insurance institution, agent, or
insurance-support organization from disclosing personal
or privileged information about an individual collected
or received in connection with an insurance transaction,
subject to specified exceptions.
3. The disclosure of such information to an insured is
authorized under the IIPA if it is from an accident
report, supplemental report, investigative report or the
actual report from a governmental agency or which is a
copy of an accident or other report which the insured is
entitled to obtain under specified provisions of the
Vehicle Code or Government Code.
4. Authorizes disclosure of various types of information in
police and similar reports to persons involved in the
incidents reported upon or to their authorized
representatives.
This bill amends the IIPA to allow an insurance
institution, agent or insurance-support organization to
disclose to an insured's lawyer the same kinds of accident
report related classes of information which are currently
authorized to be disclosed to the insured.
Background
The IIPA protects the privacy of insurance consumers in
California. The Legislature passed and the Governor signed
SB 1847 (Senate Banking, Finance and Insurance Committee),
Chapter 405, Statutes of 2006, which amended the IIPA to
permit an insurer to disclose personal information about an
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individual collected or received in connection with an
insurance transaction when the disclosure is to an insured
and the information is from an accident report,
supplemental report, investigative report, or actual report
from a government agency.
Prior legislation
AB 1847 (Senate Banking, Finance and Insurance Committee),
Chapter 405, Statutes of 2006, added the authorization in
the IIPA for an insurance institution, an agent or an
insurance-support organization to release this
police-report related information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/24/09)
Civil Justice Association of California (source)
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuller, Furutani, Galgiani, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Ammiano, Fuentes, Gaines, Garrick,
Saldana, Smyth, Bass
JJA:do 6/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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