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, commencing January 1, 2016, and with regard to private passenger automobile insurancebegin insert that provides coverage for 6 months or longerend insert, specifiedbegin delete owner-occupied homeowners’ insurance risks,end deletebegin insert residential property insurance,end insert 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 abegin insert verifiable deliveryend insert processbegin insert or adopt a procedureend insert that allows anbegin delete insuredend deletebegin insert applicant or policyholderend insert to designate one additional person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of a policy for nonpayment of premium, as specified. 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 thebegin delete insuredend deletebegin insert policyholderend insert 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) An insurer shallbegin delete maintainend deletebegin insert do either of the following:end insert
4begin insert(end insertbegin insert1)end insertbegin insert end insertbegin insertMaintainend insert abegin insert
verifiable deliveryend insert process that allowsbegin delete an insuredend delete
5begin insert a policyholderend insert to designate in writingbegin insert or by electronic transmission
6pursuant to Section 38.5end insert one additional person to receive notice
7of lapse, termination, expiration, nonrenewal, or cancellation of a
8policy for nonpayment of premium. The insurer shall notify the
9begin delete insuredend deletebegin insert policyholder in writing or by electronic transmission
10pursuant to Section 38.5end insert of this right at the time of the application
11begin insert
or within 30 days after the inception date of an individual policy
12described in subdivision (e),end insert and at least every two years thereafter.
13The notification described in this subdivision shall instruct the
14begin delete insuredend deletebegin insert policyholderend insert how to request the designation and how to
15replace or delete a designee.begin insert If a policyholder initiates contact with
16the insurer after the insurer has provided notice and the insurer
17complies with the policyholder’s request to establish or change
18the additional person to receive the notice described in this section,
19the insurer shall not be required to maintain additional verification.end insert
20(b) If an insurer does not maintain the process described in
21subdivision (a), the insurer shall comply with subdivisions (c) to
22(i), inclusive.
23(2) Comply with subdivision (b).
end insertbegin insert
P3 1(b) An insurer that adopts the following procedure shall be
2deemed to have complied with subdivision (a).
3(c)
end delete
4begin insert(end insertbegin insert1)end insert Unless an applicant for insurance has been provided notice
5of the right set forth in this section prior to inception of the policy,
6the insurer shall provide thebegin delete insured,end deletebegin insert
policyholder,end insert within 30 days
7after the inception date of an individual policy described in
8
subdivisionbegin delete (i),end deletebegin insert (e),end insert with notice of the right to designate one person,
9in addition to thebegin delete insured,end deletebegin insert policyholder,end insert to receive notice of lapse,
10termination, expiration, nonrenewal, or cancellation of a policy
11for nonpayment of premium. The insurer shall provide each
12applicant orbegin delete insuredend deletebegin insert policyholderend insert withbegin delete writtenend delete
noticebegin insert in writing or
13by electronic transmission pursuant to Section 38.5end insert of the
14opportunity to make the designation. That
notice shall instruct the
15applicant orbegin delete insuredend deletebegin insert policyholderend insert on how he or she is to submit
16the name, address, and telephone number of one person, in addition
17to the applicant orbegin delete insured,end deletebegin insert policyholder,end insert who is to receive notice
18of lapse, termination, expiration, nonrenewal, or cancellation of
19the policy for nonpayment of premium.
20(d)
end delete
21begin insert(end insertbegin insert2)end insert If after having been provided notice from the insurer of the
22right to designate an individual to receive notice of lapse,
23termination, expiration, nonrenewal, or cancellation for
24nonpayment of premium, the applicantbegin insert or policyholderend insert fails to
25take action pursuant to subdivision (a) within 30 days, thebegin delete insuredend delete
26begin insert applicant or policyholderend insert shall be conclusively presumed to have
27declined the opportunity to exercise his or her right at that time.
28(e)
end delete
29begin insert(end insertbegin insert3)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 thebegin delete insuredend deletebegin insert policyholderend insert to update the written designation
34if thebegin delete insuredend deletebegin insert
policyholderend insert so requests.
35(f) An insured
end delete
36begin insert(4)end insertbegin insert end insertbegin insertA policyholderend insert retains the right to designate the one
37additional person to receive notice of lapse, termination, expiration,
38nonrenewal, or cancellation for nonpayment of premium at any
39time, at the initiative of thebegin delete insured,end deletebegin insert
policyholder,end insert regardless of
40whether thebegin delete insuredend deletebegin insert
policyholderend insert previously declined to exercise
P4 1that right. At least every two years, the insurer shall notify the
2begin delete insuredend deletebegin insert
policyholderend insert in writingbegin insert or by electronic transmission
3pursuant to Section 38.5,end insert of whichever of the following applies:
4(1)
end delete
5begin insert(end insertbegin insertA)end insert Ifbegin delete an insuredend deletebegin insert a policyholderend insert has previously provided a
6begin delete writtenend delete
designation pursuant tobegin delete subdivision (c),end deletebegin insert this subdivision,
7in writing or by electronic transmission pursuant to Section 38.5,end insert
8 the right to change the priorbegin delete writtenend delete designation by replacing or
9deleting a person to receive notice of lapse, termination, expiration,
10nonrenewal, or cancellation for nonpayment of premium.
11(2)
end delete
12begin insert(end insertbegin insertB)end insert If thebegin delete insuredend deletebegin insert policyholderend insert has not previously designated a
13person to receive the notice of lapse, termination, expiration,
14nonrenewal, or cancellation for nonpayment of premium pursuant
15tobegin insert thisend insert subdivisionbegin delete (c)end delete, the right to designate a person to receive
16notice of lapse, termination, expiration, nonrenewal, or cancellation
17for nonpayment of premium.
18(3)
end delete
19begin insert(end insertbegin insertC)end insert The notice requirements inbegin delete paragraphs (1) and (2)end delete
20begin insert subparagraphs (A) and (B)end insert may be provided tobegin delete insuredsend deletebegin insert a
21policyholderend insert in a single notice and shall not require two separate
22notices.
23(g)
end delete
24begin insert(end insertbegin insertc)end insert Whenbegin delete an insuredend deletebegin insert
a policyholderend insert pays the premium for an
25insurance policy through a payroll or pension deduction plan, the
26requirements contained inbegin delete subdivision (c)end deletebegin insert paragraph (1) of
27subdivision (b)end insert need not be met until 60 days after thebegin delete insuredend delete
28begin insert policyholderend insert is no longer on that deduction payment plan. The
29application form for an insurance policy shall clearly indicate the
30deduction payment plan selected by the applicant.
31(h)
end delete
32begin insert(d)end insert An insurance policy shall not lapse or be terminated for
33nonpayment of premium unless the insurer, at least 10 days prior
34to the effective date of the lapse, termination, expiration,
35nonrenewal, or cancellation, gives notice to the individual
36designated pursuant to subdivision (a)begin insert or (b)end insert at the address provided
37by thebegin delete insuredend deletebegin insert policyholderend insert for purposes of receiving the notice
38of lapse, termination, expiration, nonrenewal, or cancellation for
39nonpayment of premium. Notice shall be given by
first-class United
40States mail, postage prepaid, within 10 days after the premium is
P5 1due and unpaid. This subdivision does not modify requirements
2for notice to thebegin delete insuredend deletebegin insert policyholderend insert of lapse, termination,
3expiration, nonrenewal, or cancellation set forth in other sections
4of this code.
5(i)
end delete
6begin insert(e)end insert This section applies only to policies of private passenger
7automobile insurancebegin delete, owner-occupied homeowners’ insurance
8on risks located or resident in this state that are issued and takeend delete
9begin insert
that provide coverage for six months or longer, policies of
10residential property insurance as described in subdivision (a) of
11Section 10087 that takeend insert effect or that are renewed after the effective
12date of this section, and policies of individual disability income
13insurance as described in subdivision (i) of Section 799.01.
14(j)
end delete
15begin insert(end insertbegin insertf)end insert This section applies to policies that are issued and take effect
16or that are renewed on or after January 1, 2016.
17(k)
end delete
18begin insert(end insertbegin insertg)end insert An individual designated by a policyholder pursuant to this
19section to receive notice of lapse, termination, expiration,
20nonrenewal, or cancellation of the policy for nonpayment of
21premium does not have any rights, whether as an additional insured
22or otherwise, to any benefits under the policy, other than the right
23to receive notice as provided by this section.
24(l)
end delete25begin insert(end insertbegin inserth)end insert This section shall become operative on January 1, 2016.
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