BILL NUMBER: AB 1214	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 27, 2009

   An act to add Section  10053   16031  to
the Insurance Code, relating to fire insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1214, as amended, Nava. Fire insurance: underwriters' corps:
liability.
   Existing law authorizes any domestic corporation of insurance
underwriters to maintain an underwriter's corps. Under existing law,
an underwriter's corps is defined as a group of persons with officers
and equipment, maintained to discover and prevent fires and to save
life and property from fire.  Under existing case law, an
employer can be held liable for the tortious or criminal acts of
employees committed within the course and scope of employment.

   This bill would  state that an insurance company employing
a private firefighting company shall be liable for injury to a 3rd
party caused by a civil or criminal act or omission of the
firefighting company committed within the course and scope of the
work for which the insurance company contracted with the firefighting
company.   specify that any privately owned or operated
resources hired by an insurer for the purpose of protecting
structures endangered by fire or performing firefighting duties shall
report to the incident commander or his or her designee immediately
upon arriving at the site of a fire. This bill would also require
those resources to obey all directions, including evacuation orders,
given by the incident commander or his or her designee. This bill
would also state that an insurance adjuster with special training or
equipment relative to fire protection or firefighting services as
certified by the Insurance Commissioner shall report to the incident
commander or his or her designee immediately upon arriving at the
site of a fire. This bill would require that, after reporting to the
incident commander and as soon as operationally practical, the
insurance adjuster be allowed into an evacuated fire area. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 16031 is added to the 
 Insurance Code   , to read:  
   16031.  (a) Any privately owned or operated resources hired by an
insurer for the purpose of protecting structures endangered by fire
or performing firefighting duties shall report to the incident
commander or his or her designee immediately upon arriving at the
site of a fire. Those resources must obey all directions, including
evacuation orders, given by the incident commander or his or her
designee.
   (b) An insurance adjuster with special training or equipment
relative to fire protection or firefighting services as certified by
the Insurance Commissioner shall report to the incident commander or
his or her designee immediately upon arriving at the site of a fire.
After reporting to the incident commander, and as soon as
operationally practical, the insurance adjuster shall be allowed into
an evacuated fire  area.  
  SECTION 1.    Section 10053 is added to the
Insurance Code, to read:
   10053.  Any insurance company admitted to do business in
California that employs a private firefighting company for purposes
of providing emergency response services shall be liable for injury
to a third party or damage to property from a criminal or civil act
or omission of the company committed within the course and scope of
the work contracted for with that private firefighting company.