Residential property insurance.
Summary
Existing law generally regulates residential property insurance. Existing law requires specified information to be included on the declarations page of a residential property insurance policy, including limits of liability for the structure and personal property. Existing law requires an insurer to deliver or mail to the named insured an offer of renewal or a notice of nonrenewal of an insurance policy at least 45 days before the policy expiration, or 75 days before the policy expiration for a notice of nonrenewal for a policy that expires on or after July 1, 2020. Existing law requires an offer of renewal to include specified information, including any reduction of limits or elimination of coverage. Existing law prescribes the standard form of the California Residential Insurance Disclosure, which sets forth a description of certain types of insurance coverage, and explains that building code upgrade coverage covers additional costs to comply with building codes in effect at the time of loss or rebuilding. Existing law requires specified information, including whether or not the policy provides building code upgrade coverage for the increased costs of repairing or replacing damage because of building ordinances or laws, to be included on the declarations page of a residential property insurance policy. Under an open policy that requires payment of actual cash value, existing law requires the measure of the actual cash value recovery for either a total or partial loss to the structure or its contents to be the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. Under existing law, a deduction for physical depreciation under actual cash value coverage applies only to components of a structure that are normally subject to repair and replacement during the useful life of that structure. This bill would require an insurer to obtain a signed acknowledgment from an applicant or insured if the insurer issues a new residential property insurance policy on or after July 1, 2021, that does not provide coverage for the peril of fire. The bill would require the declarations page of a residential property insurance policy issued or renewed on or after July 1, 2021, that does not provide coverage for the peril of fire to prominently disclose a statement that the policy does not cover the peril of fire and information on the California FAIR Plan and the California Home Insurance Finder. This bill would require an offer of renewal stating a reduction of limits or elimination of coverage to identify the specific limits being reduced or the coverage being eliminated by the offer of renewal. This bill would require an open policy of residential property insurance, except as specified, that provides replacement cost coverage, issued or renewed on or after July 1, 2021, to provide additional building code upgrade coverage of no less than 10% of the dwelling coverage policy limits. The bill would require building code upgrade coverage to be based on the increased costs associated with building ordinances and laws at the time of loss or rebuilding. The bill would further require, also on or after July 1, 2021, a policy of residential property insurance that provides replacement cost coverage to include specific information relating to building code upgrade coverage on the declarations page of the policy. The bill would require a policy of residential property insurance that does not provide building code upgrade coverage to include a statement on the declarations page of the policy that the policy does not include building code upgrade coverage. The bill would also amend the description of actual cash value coverage in the California Residential Insurance Disclosure to conform to the existing statutory requirements of an open policy that requires payment of actual cash value. This bill would incorporate additional changes to Section 678 of the Insurance Code proposed by AB 3012 to be operative only if this bill and AB 3012 are enacted and this bill is enacted last.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2020
Committee Review
Jun 2020
Assembly Passage
Jun 2020
Senate Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Feb 20, 2020
Signed Sep 29, 2020
Floor votes · Senate Aug 30, 2020 · Assembly Jun 8, 2020
How they voted
35–0
Passed
Total votes 35
Aug 30, 2020
D
Democratic26
100% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
9
Committee
4
Amendments
6
Sep 29, 2020
Signed into law
Approved by the Governor.
legislature
Aug 30, 2020
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5389.).
lower
Aug 30, 2020
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2020
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
upper
Aug 5, 2020
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Aug 4, 2020
Upper · Passed
From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (August 4).
upper
Jun 23, 2020
Committee
Referred to Com. on INS.
upper
Jun 8, 2020
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4677.)
lower
May 18, 2020
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 14, 2020
Lower · Passed
From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 7).
lower
May 5, 2020
Committee
Re-referred to Com. on INS.
lower
Apr 24, 2020
Committee
Referred to Com. on INS.
lower
Feb 21, 2020
Lower · Passed
From printer. May be heard in committee March 22.
lower
1 primary · 1 co-sponsor
Sponsors
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