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, premium, and the coverage period.
This bill,begin delete commencing July 1, 2015, would provide, with regard to an individual insurance policy covering real property, personal property, as described, liability, or health, issued or renewed on or after July 1, 2015,
that an insured has the right to designate in writing one individual, in addition to the applicant, to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of the policy for nonpayment of premium, as specified.end deletebegin insert commencing January 1, 2016, and with regard to private passenger automobile insurance, specified owner-occupied homeowners’ insurance risks, and policies of individual disability income insurance that are issued and take effect or that are renewed on or after January 1, 2016, would require an insurer to maintain a process that allows an insured to designate one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium, as specified.end insert The bill would prohibit an insurance policy from lapsing or being terminated for nonpayment of premium unless the insurer, at least 10 days prior to the
effective date of the lapse, termination, expiration, nonrenewal, or cancellation, gives notice, as provided, to 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 cancellation for nonpayment of premium.
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) Anbegin delete insured has the right to designate in writingend deletebegin insert insurer
4shall maintain a process that allows an insured to designate in
5writingend insert one additional person to receive notice of lapse,
6termination, expiration, nonrenewal, or cancellation of a policy
7for nonpayment of premium.begin insert The insurer shall notify the insured
8of this right at the time of the application and at least every two
9years thereafter. The notification described in this subdivision
10shall instruct the insured how to request the designation and how
11to replace
or delete a designee.end insert
12(b) If an insurer does not maintain the process described in
13subdivision (a), the insurer shall comply with subdivisions (c) to
14(i), inclusive.
15(b)
end delete
16begin insert(c)end insert Unless an applicant for insurance has been provided notice
17of the right set forth in this section prior to inception of the policy,
18the insurer shall provide the insured, within 30 days after the
19inception date of an individual policy described inbegin delete subdivision (h),end delete
20begin insert
subdivision (i),end insert with notice of the right to designate one person, in
21addition to the insured, to receivebegin delete theend delete notice of lapse, termination,
22expiration, nonrenewal, or cancellation of a policy for nonpayment
P3 1of premium. The insurer shall provide each applicant or insured
2with written noticebegin delete and a formend deletebegin insert of the opportunityend insert to make the
3designation. Thatbegin delete form shall provide the opportunity for the begin insert
notice shall instruct the applicant or insured
4applicant or insuredend delete
5on how he or she isend insert to submit the name, address, and telephone
6number of one person, in addition to the applicant or insured, who
7is to receive notice of lapse, termination, expiration, nonrenewal,
8or cancellation of the policy for nonpayment of premium.
9(c)
end delete
10begin insert(d)end insert If afterbegin delete receivingend deletebegin insert having been providedend insert notice from the
11insurer of the right to designate
an individual to receive notice of
12lapse, termination, expiration, nonrenewal, or cancellation for
13nonpayment of premium, the applicant fails to take action pursuant
14to subdivision (a) within 30 days, the insured shall be conclusively
15presumed to have declined the opportunity to exercise his or her
16right at that time.
17(d)
end delete
18begin insert(e)end insert Notwithstanding subparagraph (C) of paragraph (2) of
19subdivision (a) of Section 791.13 or any other law, the insurer
20shall retain and utilize as necessary the contact information
21provided in the written designation for the lifetime of the policy,
22and allow the
insured to update the written designation if the
23insured so requests.
24(e)
end delete
25begin insert(f)end insert An insured retains the right to designatebegin delete anend deletebegin insert the oneend insert additional
26person to receive notice of lapse, termination, expiration,
27nonrenewal, or cancellation for nonpayment of premium at any
28time, at the initiative of the insured, regardless of whether the
29insured previously declined to exercise that right.begin delete Not less thanend deletebegin insert
At
30leastend insert every two years, the insurer shall notify the insured in writing
31of whichever of the following applies:
32(1) If an insured has previously provided a written designation
33pursuant tobegin delete subdivision (a),end deletebegin insert subdivision (c),end insert the right to change the
34prior written designation bybegin delete addingend deletebegin insert replacingend insert or deleting a person
35to receive notice of lapse, termination, expiration, nonrenewal, or
36cancellation for nonpayment of premium.
37(2) If the insured hasbegin insert notend insert previouslybegin delete waivedend deletebegin insert designated a person
38to receive the notice of lapse, termination, expiration, nonrenewal,
39or cancellation for nonpayment of premium pursuant to subdivision
40(c),end insert the right to designate a person to receive notice of lapse,
P4 1termination, expiration, nonrenewal, or cancellation for
2nonpayment of premium.
3(3) The notice requirements in paragraphs (1) and (2) may be
4provided to insureds in a single notice and shall not require two
5separate notices.
6(f)
end delete
7begin insert(g)end insert When an insured pays the premium for an insurance policy
8through a payroll or pension deduction plan, the requirements
9contained in subdivisionbegin delete (a)end deletebegin insert (c)end insert need not be met until 60 days after
10the insured is no longer on that deduction payment plan. The
11application form for an insurance policy shall clearly indicate the
12deduction payment plan selected by the applicant.
13(g)
end delete
14begin insert(h)end insert An insurance policy shall not lapse or be terminated for
15nonpayment of premium unless the insurer, at least 10 days prior
16to the effective date of the lapse, termination, expiration,
17nonrenewal, or cancellation, gives notice to the individual
18designated pursuant to subdivision (a) at the address provided by
19the insured for purposes of receiving the notice of lapse,
20termination, expiration, nonrenewal, or cancellation for
21nonpayment of premium. Notice shall be given by first-class United
22States mail, postage prepaid, within 10 days after the premium is
23due and unpaid. This subdivision does not modify requirements
24for notice to the insured of lapse, termination, expiration,
25nonrenewal, or cancellation set forth in other sections of this code.
26(h) This section applies to policies of insurance, other than
27workers’ compensation insurance, on risks located or resident in
28this state that are issued and take effect or that are renewed after
29the effective date of this section and insuring any of the following
30contingencies:
31(1) Loss of or damage to real property that is used
predominantly
32for residential purposes and that consists of not more than four
33dwelling units.
34(2) Loss of or damage to personal property in which natural
35persons resident in specifically described real property of the kind
36described in paragraph (1) have an insurable interest, except
37personal property used in the conduct of a commercial or industrial
38enterprise.
39(3) Legal liability of a natural person or persons for loss of,
40damage to, or injury to, persons or property, but not including
P5 1policies primarily insuring risks arising from the conduct of a
2commercial or industrial enterprise.
3(4) Disability and health insurance as defined in Section 106.
end delete
4(i) This section applies only to policies of private passenger
5automobile insurance, owner-occupied homeowners’ insurance
6on risks located or resident in this state that are issued and take
7effect or that are renewed after the effective date of this section,
8and policies of individual disability income insurance as described
9in subdivision (i) of Section 799.01.
10(i)
end delete
11begin insert(j)end insert This section applies to policies that are issued and take effect
12or that are renewed on or afterbegin delete July 1, 2015.end deletebegin insert
January 1, 2016.end insert
13(j)
end delete
14begin insert(k)end insert An individual designated by a policyholder pursuant to this
15section to receive notice of lapse, termination, expiration,
16nonrenewal, or cancellation of the policy for nonpayment of
17premium does not have any rights, whether as an additional insured
18or otherwise, to any benefits under the policy, other than the right
19to receive notice as provided by this section.
20(k)
end delete
21begin insert(l)end insert This section shall becomebegin delete effective on July 1, 2015.end deletebegin insert operative
22on January 1, 2016.end insert
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