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

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Date Published: 04/04/2017 09:00 PM
SB569:v98#DOCUMENT

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 amend Section 2084 of add Section 2085 to the Insurance Code, relating to insurance.


LEGISLATIVE COUNSEL'S DIGEST


SB 569, as amended, Monning. Insurance: disasters: notice to insureds. 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 an insurer, within 90 calendar days of the declaration of a disaster by the President of the United States or the Governor, to send a letter containing specified policy and contact information to an insured who is insured under a policy that covers property located in the declared disaster area and who has not filed a claim within 30 calendar days of the date of the disaster declaration. 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 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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) 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.
(b) 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).
(c) An insurer that issues policies subject to Section 2071 shall respond to the commissioner within 30 days after receiving a transmission pursuant to subdivision (a) and shall indicate whether the property is 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.

SECTION 1.Section 2084 of the Insurance Code is amended to read:
2084.

(a)After a covered loss under a policy covered by Section 2071, an insurer shall provide to the insured, free of charge, a complete, current copy of his or her policy within 30 calendar days of receipt of a request from the insured. The time period for providing the policy may be extended by the Insurance Commissioner.

(b)An insured under a policy covered by Section 2071 who does not experience a covered loss shall, upon request, be entitled to one free copy of his or her policy annually. The policy provided to the insured shall include, where applicable, the policy declarations page.

(c)In the case of a declaration of disaster by the President of the United States or the Governor, an insurer shall, within 90 calendar days of the declaration of the disaster, send to an insured who is insured under a policy covered by Section 2071 that covers property located in the declared disaster area, and who has not filed a claim within 30 calendar days from the date of the disaster declaration, a letter that includes a copy of the policy declarations page and instructions describing how to contact the insurer if the insured has suffered a loss. The letter shall be sent to the insured free of charge.