BILL ANALYSIS
SB 1408
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1408 (Committee on Banking, Finance and Insurance) - As
Amended: August 2, 2010
Policy Committee: Insurance
Vote:12-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill updates laws governing the California Life and Health
Insurance Guaranty Association (Association) by addressing key
features of the 2009 National Association of Insurance
Commissioners Life and Health Insurance Guaranty Association
Model Act. Specifically, this bill:
1)Increases the coverage limit for death benefits from life
insurance policies from $250,000 to $300,000. Increases the
coverage limit for annuities and structured settlements from
$100,000 to $250,000.
2)Increases the amount that insurers can be assessed to fund the
obligations of the Association from 1% to 2% of premiums.
3)Repeals the $250 cap on non-pro-rata assessments that are used
to fund administrative activities of the Association, and
instead authorizes the Association's Board to determine the
proper assessment.
4)Authorizes the Insurance Commissioner to carry out the
functions of the Association if the Association fails to carry
out its duties.
5)Contains several other substantive and technical updates to
laws governing the Association.
FISCAL EFFECT
No direct fiscal impact to the California Department of
SB 1408
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Insurance to continue oversight of the Association.
COMMENTS
1)Rationale . This urgency measure is sponsored by the California
Life and Health Insurance Guarantee Association. This bill
updates California law to conform to recent related
recommendations of the National Association of Insurance
Commissioners. Recent amendments clarify the higher benefits
and new procedures established by this bill apply only to
insurance company insolvencies occurring after the effective
date of the bill.
2)Background . The Association is composed of all insurers
licensed to sell life insurance, health insurance, and
annuities in the state of California. In the event a member
insurer is found to be insolvent and is ordered to be
liquidated by a court, the Guarantee Association Act enables
the Association to provide protection to policy holders of
life and health insurance policies, and annuity contracts,
with the insolvent insurer.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081