AB 1816 California Assembly · 2019-2020 Regular Session

Insurance.

Summary
Existing law requires an insurer, at least 45 days prior to the expiration of an insurance policy, except for specified insurance policies, to deliver or mail to the named insured, an offer of renewal or a notice of nonrenewal of the policy, as specified. If the insurer fails to do so, existing law requires the existing policy, with no change in its terms and conditions, to remain in effect for 45 days from the date that either the offer to renew or the notice of nonrenewal is delivered or mailed to the named insured. This bill, with respect to a notice of nonrenewal for a policy that expires on or after July 1, 2020, would require an insurer to deliver or mail the notice of nonrenewal to the named insured on or before 75 days prior to the policy expiration and, if the insurer fails to do so, would require the existing policy, with no change in its terms and conditions, to remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed. The bill also would require, commencing on July 1, 2020, a notice of nonrenewal of a policy to contain specified contact information for the Department of Insurance. Existing law creates the California Insurance Guarantee Association (CIGA) and requires all insurers admitted to transact specified insurance lines in this state to become members. Under existing law, CIGA pays and discharges covered claims, which are the obligations of an insolvent insurer, including the obligation for unearned premiums, that meet specified requirements. Existing law excludes the portion of a claim in excess of $500,000 from the definition of "covered claims," except in a claim for workers' compensation benefits. This bill would require, with respect to a policy of residential property insurance, each claim for a loss under a different coverage category to be considered a separate covered claim. The bill would increase the limit for a covered claim for damage to, or loss of, a dwelling structure under a policy of residential property insurance to an amount that does not exceed $1,000,000 or the amount recoverable under the policy, whichever is less. Under existing law, the California FAIR Plan Association, also known as the facility, is a joint reinsurance association formed by state insurers licensed to write and engaged in writing basic property insurance within this state to assist persons in securing basic property insurance and to formulate and administer a program and FAIR Plan for the equitable apportionment among insurers of basic property insurance. Existing law requires the FAIR Plan and any amendment to the plan to be approved by the Insurance Commissioner. Existing law requires, under the plan, each insurer to participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written bear to the aggregate premiums written by all insurers in the program, as specified, but requires the plan, pursuant to regulations adopted by the commissioner, to provide for a method for insurers who voluntarily write basic property insurance on risks located in areas designated as brush hazard areas to be proportionately relieved of the liability to participate in the plan. This bill would add to the insurers that are proportionately relieved of the liability to participate in the FAIR Plan those insurers voluntarily writing basic property insurance on risks in high or very high fire hazard severity zones, as determined and mapped by the Department of Forestry and Fire Protection. The bill would, for purposes of providing that proportionate relief from liability for all of those risk areas, require those areas to be designated as either a brush hazard area or a high or very high fire hazard severity zone at the beginning of the policy period. The bill would require the facility to prepare and submit a report to the Governor, the commissioner, and the insurance committees of the Senate and the Assembly identifying the credit for voluntary writings submitted by licensees in the high and very high fire hazard severity zones, as specified. The bill would require the facility to prepare and submit the report 3 times, as specified, beginning on or before July 1, 2023. This bill would declare that it is to take effect immediately as an urgency statute.
Bill status signed all 5 stages cleared
Introduction
Mar 2019
Committee Review
Sep 2019
Assembly Passage
May 2019
Senate Passage
Sep 2019
Signed into Law
Oct 2019
Introduced Mar 5, 2019 Signed Oct 12, 2019
Floor votes · Senate Sep 9, 2019 · Assembly May 9, 2019

How they voted

40–0
Passed
Total votes 40
Sep 9, 2019
D Democratic29
29 Yea
100% Yea
R Republican11
11 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
15
Committee
11
Amendments
6
Oct 12, 2019
Signed into law
Approved by the Governor.
legislature
Sep 12, 2019
Lower · Passed
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3477.).
lower
Sep 11, 2019
Lower · Passed
From committee: That the Senate amendments be concurred in. (Ayes 11. Noes 0.) (September 11).
lower
Sep 10, 2019
Committee
Re-referred to Com. on INS. pursuant to Assembly Rule 77.2.
lower
Sep 9, 2019
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.
lower
Sep 9, 2019
Upper · Passed
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2693.).
upper
Aug 27, 2019
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 21, 2019
Upper · Passed
From committee: That the measure be returned to Senate Floor for consideration. (Ayes 13. Noes 0.) (August 21)
upper
Aug 13, 2019
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jul 11, 2019
Upper · Passed
From committee: Be re-referred to Com. on INS. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on INS.
upper
Jul 11, 2019
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).
upper
Jul 9, 2019
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 27, 2019
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 26, 2019
Upper · Passed
From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (June 26).
upper
May 22, 2019
Committee
Referred to Com. on INS.
upper
May 9, 2019
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1588.)
lower
May 1, 2019
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (May 1).
lower
Apr 24, 2019
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 24). Re-referred to Com. on APPR.
lower
Mar 21, 2019
Committee
Referred to Com. on INS.
lower
Mar 6, 2019
Lower · Passed
From printer. May be heard in committee April 5.
lower
1 primary · 1 co-sponsor

Sponsors