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SB-569 Insurance: disasters: identification of insurer.(2017-2018)

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Date Published: 05/26/2017 10:00 AM
SB569:v97#DOCUMENT

Amended  IN  Senate  May 26, 2017
Amended  IN  Senate  April 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 569


Introduced by Senator Monning

February 17, 2017


An act to add Section 2085 to the Insurance Code, relating to insurance.


LEGISLATIVE COUNSEL'S DIGEST


SB 569, as amended, Monning. Insurance: disasters: identification of insurer.
Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.
This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of an insured, or the insured’s legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the insured’s name and property location information to insurers who issue fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the insured or his or her legal representative, as specified. The bill would require an insurer to respond and indicate whether the property is covered by a policy issued by the insurer within 30 days, and would require the commissioner to relay information related to the insured’s property to the insured or the insured’s legal representative within 14 days after receiving the response. respond, free of charge, to the insured or the insured’s legal representative within 90 days after receiving that transmission if the property is covered or was previously covered by a policy issued by the insurer. The bill would limit the liability of the commissioner or the commissioner’s authorized representatives for statements made or conduct performed in good faith while carrying out these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2085 is added to the Insurance Code, to read:

2085.
 (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if an insured or the insured’s legal representative is unable to identify the insurer of the insured’s property that is located in the declared disaster area, the commissioner shall, at the request of the insured or the insured’s legal representative, electronically provide the insured’s name and property location information to insurers that issue policies subject to Section 2071.
(2) Information transmitted to the commissioner pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner, the commissioner’s authorized representatives or any Department employee for statements made or conduct performed in good faith while carrying out the provisions of this section.
(b) (1) An insurer that issues policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).
(2) The email address provided to the commissioner by the insurer shall be maintained specifically for the purposes of responding to inquiries pursuant to subdivision (a).
(c) (1) An insurer that issues policies subject to Section 2071 shall respond to the commissioner within 30 days insured or the insured’s legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate whether the property is covered or was previously covered by a policy that is subject to Section 2071 and issued by the insurer.

(d)Within 14 days after receipt of a response from an insurer pursuant to subdivision (c), the commissioner shall provide to the insured or the insured’s legal representative any information received from the insurer that is related to the insured’s property covered by a policy subject to Section 2071.

(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to an insured or an insured’s legal representative if the insurer determines that it did not issue a policy for the property.
(3) A response by an insurer to the insured or his or her legal representative pursuant to paragraph (1) shall be provided free of charge.