AB 1804, as amended, Perea. Insurance: notice of lapse.
Existing law requires an insurance policy to specify certain information, including, but not limited to, the parties to the contract, the property or life insured, the risks insured against,begin delete theend delete premium, and the coverage period.
This bill, commencing July 1, 2015, wouldbegin delete prohibitend deletebegin insert provide, with regard toend insert an individual insurance policy covering real property, personal property, as described, liability, or health, issued or renewed on or after July 1, 2015,begin delete from being issued until the applicant has been givenend deletebegin insert
that an insured hasend insert the right to designatebegin insert in writingend insert one individual, in addition to the applicant, to receivebegin delete theend delete notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment ofbegin delete theend delete premium, asbegin delete provided.end deletebegin insert specified.end insert The bill would prohibit an insurance policy from lapsing or being terminated for nonpayment ofbegin delete theend delete premium unless the insurer, at least 10 days prior to the effective date of the
lapse, termination, expiration, nonrenewal, or cancellationbegin insert,end insert gives notice, as provided, tobegin delete the
insured and toend delete the individual designated, if any, at the address provided by the insured for these purposes. The bill would specify that an individual designated by a policyholder does not have any rights, whether as an additional insured or otherwise, to any benefits under the policy, other than the right to receive the notice of lapse, termination, expiration, nonrenewal, or cancellationbegin insert for nonpayment of premiumend insert.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 396 is added to the Insurance Code, to
2read:
(a) An individual policy shall not be issued until the
4applicant has been given the right to designate one individual, in
5addition to the applicant, to receive the notice of lapse, termination,
6expiration, nonrenewal, or cancellation of a policy for nonpayment
7of the premium. Upon application for issuance of a policy, the
8insurer shall provide the applicant with 30 days to do one of the
9following:
10(1) Designate in writing the name, address, and telephone
11number of one individual, in addition to the applicant, who is to
12receive the notice of lapse, termination, expiration, nonrenewal,
13or cancellation for nonpayment of the premium.
14(2) (A) Provide a written waiver signed and dated by the
15applicant electing not to designate an individual to receive the
16notice of lapse, termination, expiration, nonrenewal, or cancellation
17for nonpayment of the premium.
18(B) The required waiver shall read as follows:
19
20“Protection Against Unintended Lapse, Termination, Expiration,
21Nonrenewal, or Cancellation.
22I understand that I have the right to designate one person other
23than myself to receive the notice of lapse, termination, expiration,
24nonrenewal, or cancellation of this insurance policy for
25nonpayment of the premium. I understand that notice will be given
26within 10 days after a premium is due and unpaid. I
elect not to
27designate any person to receive the notice.
28 Dated:____ Signature of Applicant:_____”
29
(a) An insured has the right to designate in writing one
2additional person to receive notice of lapse, termination,
3expiration, nonrenewal, or cancellation of a policy for nonpayment
4of premium.
5(b) Unless an applicant for insurance has been provided notice
6of the right set forth in this section prior to inception of the policy,
7the insurer shall provide the insured, within 30 days after the
8inception date of an individual policy described in
subdivision (h),
9with notice of the right to designate one person, in addition to the
10insured, to receive the notice of lapse, termination, expiration,
11nonrenewal, or cancellation of a policy for nonpayment of
12premium. The insurer shall provide each applicant or insured with
13written notice and a form to make the designation. That form shall
14provide the opportunity for the applicant or insured to submit the
15name, address, and telephone number of one person, in addition
16to the applicant or insured, who is to receive notice of lapse,
17termination, expiration, nonrenewal, or cancellation of the policy
18for nonpayment of premium.
19(3)
end delete
20begin insert(c)end insert If
after receiving notice from the insurer of the right to
21designate an individual to receivebegin delete theend delete notice of lapse, termination,
22expiration, nonrenewal, or cancellation for nonpayment ofbegin delete theend delete
23 premium, the applicant fails to take action pursuant tobegin delete either begin insert subdivision (a)end insert within 30 days, the
24paragraph (1) or paragraph (2)end delete
25insuredbegin delete is deemed to have waived the right to designate a person.end delete
26begin insert shall be conclusively presumed to have declined the
opportunity
27to exercise his or her right at that time.end insert
28(b)
end delete
29begin insert(d)end insert Notwithstanding subparagraph (C) of paragraph (2) of
30subdivision (a) of Section 791.13 or any other law, the insurer
31shall retain and utilize as necessary the contact information
32provided in the written designation for the lifetime of the policy,
33and allow the insured to update the written designation if the
34insured so requests.
35(c) Not less than every two years, the insurer shall notify the
36insured in writing of whichever of the following applies:
37(e) An insured retains the right to designate an additional person
38to receive notice of lapse, termination, expiration, nonrenewal, or
39cancellation for nonpayment of premium at any time, at the
40initiative of the insured, regardless of whether the insured
P4 1previously declined to exercise that right. Not less than every two
2years, the insurer shall notify the insured in writing of whichever
3of the following applies:
4(1) If an insured has previously provided a written designation
5pursuant tobegin delete paragraph (1) ofend delete subdivision (a), the right to change
6the prior written designation by adding or deleting a person to
7receivebegin delete theend delete
notice of lapse, termination, expiration, nonrenewal,
8or cancellation for nonpayment ofbegin delete theend delete premium.
9(2) If the insured has previously waived the right to designate
10abegin delete person pursuant to paragraph (2) of subdivision (a), to exercise person to receive
11the right to designate aend deletebegin delete theend delete notice of lapse,
12termination, expiration, nonrenewal, or cancellation for
13nonpayment ofbegin delete theend delete premium.
14(d)
end delete
15begin insert(f)end insert Whenbegin delete theend deletebegin insert
anend insert insured pays the premium for an insurance
16policy through a payroll or pension deduction plan, the
17requirements contained in subdivision (a) need not be met until
1860 days after the insured is no longer on that deduction payment
19plan. The application form for an insurance policy shall clearly
20indicate the deduction payment plan selected by the applicant.
21(e)
end delete
22begin insert(g)end insert An insurance policy shall not lapse or be terminated for
23nonpayment ofbegin delete theend delete premium unless the insurer, at least 10 days
24prior
to the effective date of the lapse, termination, expiration,
25nonrenewal, or cancellation, gives noticebegin delete to the insured andend delete to the
26individual designated pursuant to subdivision (a) at the address
27provided by the insured for purposes of receiving the notice of
28lapse, termination, expiration, nonrenewal, or cancellation for
29nonpayment ofbegin delete theend delete premium. Notice shall be given by first-class
30United States mail, postage prepaid, within 10 days after the
31premium is due and unpaid.begin insert
This subdivision does not modify
32requirements for notice to the insured of lapse, termination,
33expiration, nonrenewal, or cancellation set forth in other sections
34of this code.end insert
35(f)
end delete
36begin insert(h)end insert This section applies to policies of insurance, other than
37workers’ compensation insurance, on risks located or resident in
38this state that are issued and take effect or that are renewed after
39the effective date of this section and insuring any of the following
40contingencies:
P5 1(1) Loss of or damage to real property that is used
predominantly
2for residential purposes and that consists of not more than four
3dwelling units.
4(2) Loss of or damage to personal property in which natural
5persons resident in specifically described real property of the kind
6described in paragraph (1) have an insurable interest, except
7personal property used in the conduct of a commercial or industrial
8enterprise.
9(3) Legal liability of a natural person or persons for loss of,
10damage to, or injury to, persons or property, but not including
11policies primarily insuring risks arising from the conduct of a
12commercial or industrial enterprise.
13(4) Disability and health insurance as defined in Section 106.
14(g)
end delete
15begin insert(i)end insert This section applies to policies that are issued and take effect
16or that are renewed on or after July 1, 2015.
17(h)
end delete
18begin insert(j)end insert An individual designated by a policyholder pursuant to this
19section to receivebegin delete theend delete notice of lapse, termination, expiration,
20nonrenewal, or cancellation of the policy for nonpayment of
21begin deletetheend deletepremium
does not have any rights, whether as an additional
22insured or otherwise, to any benefits under the policy, other than
23the right to receivebegin delete theend delete notice as provided by this section.
24(i)
end delete25begin insert(k)end insert This section shall become effective on July 1, 2015.
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