BILL ANALYSIS                                                                                                                                                                                                    



SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614         Fax: (916) 327-4478
                                                              
                                                        .

                                           THIRD READING
                                                              
                                                        .

Bill No:  AB 1366
Author:   Knowles (R)
Amended:  7/19/95 in Senate
Vote:     21
                                                              
                                                        .

 SENATE INSURANCE COMMITTEE:   NOT RELEVANT

 SENATE RULES COMMITTEE:   4-0, 6/29/95
AYES:  Ayala, Lewis, Petris, Lockyer
NOT VOTING:  Beverly

 SENATE, JUDICIARY, COMMITTEE:   9-0, 7/11/95
AYES:  Campbell, Lockyer, Mello, O'Connell, Petris, Solis,  
  Wright, Leslie, Calderon

 SENATE APPROPRIATIONS COMMITTEE:   9-0, 8/28/95
AYES:  Johnston, Alquist, Dills, Hughes, Kelley, Leonard,  
  Leslie, Lewis, Mountjoy
NOT VOTING:  Calderon, Killea, Mello, Polanco
 
ASSEMBLY FLOOR:   NOT RELEVANT
                                                              
                                                        .

SUBJECT:    Earthquake insurance

 SOURCE:     Author
                                                              
                                                        .

DIGEST:    NOTE:  This bill was amended since Senate  
Insurance Committee by deleting the contents of the bill  
and placing the 7/5/95 version of SB 266 into the bill.   
This bill, AB 13, SB 58, and SB 266 are going into  
conference.  SB 266 passed the Senate 27-7 (Noes:  Haynes,  
                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 2

Johannessen, Johnson, Kelley, Mountjoy, Rogers, Wright).

This bill authorizes the Insurance Commissioner to approve  
policies, riders, or endorsements, as specified, which  
satisfy the statutory requirement for insurers to offer  
their policyholders earthquake coverage.  In addition, this  
bill requires insurers to notify policyholders of these new  
policy alternatives when the company renews an existing  
policy.  The bill specifies the conditions an insurer may  
use to not renew a policy.  In addition, this bill allows a  
policyholder whose earthquake coverage is not renewed, to  
purchase a stand-alone earthquake policy issued by the  
California FAIR Plan.

This bill also prohibits insurers, unless approved by the  
Insurance Commissioner, from using computer models to  
determine or evaluate the risks associated with the peril  
of earthquake exposure.

The bill becomes operative only if SB 58 is enacted.

 ANALYSIS:    Existing law:

Insurance Code Section 530 provides: "An insurer is liable  
for loss of which a peril insured against was the proximate  
cause, although a peril not contemplated by the contract  
may have been a remote cause of the loss."  In two cases,  
 State Farm Mutual Auto Insurance v Partridge (1973) 10  
Cal.3d 94, and  Sabella v Wisler (1963) 59 Cal.2d 21, the  
California Supreme Court relied upon Section 530 and held  
that if a cause excluded under the insurance policy and a  
covered cause combines to cause damage to the insured's  
property, that loss is covered under the policy.  In  
 Premier Insurance Co. v Welch (1983) 140 Cal.App.3d 720,  
the court held that if a covered cause and an excluded  
cause are both applicable to a loss, the loss is covered if  
the covered cause is the moving or efficient cause (citing  
 Sabella) or the covered cause is a concurrent proximate  
cause (citing  Partridge).  Under this doctrine of  
"concurrent causation, a loss which is caused by a  
"covered" cause and an "excluded" cause is covered under  
the insurance policy.

                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 3

In 1984, in AB 2865 (McAlister), the Legislature enacted  
Insurance Code Section 10088 to abrogate the doctrine of  
concurrent causation as it applies to insurance losses  
caused by earthquake.  Section 10088 provides "....no  
policy which by its terms does not cover the peril of  
earthquake shall provide or shall be held to provide  
coverage for any loss or damage when earthquake is a  
proximate cause regardless of whether the loss or damage  
also directly or indirectly results from or is contributed  
to, concurrently or in any sequence by any other proximate  
or remote cause, whether or not covered by the policy."

The repeal of the concurrent causation doctrine was linked  
to a new requirement that insurers must offer earthquake  
coverage on residential properties.  In the same  
legislation, Section 10081 was enacted to require all  
insurers that sell residential property insurance to offer  
earthquake insurance coverage to its insureds.  This  
"mandatory offer" requirement may be satisfied by issuance  
of an endorsement on the homeowner's policy or issuance of  
a separate policy covering earthquakes.

This bill:

1.  Would provide that the requirement of insurers to offer  
  earthquake coverage to its residential property insureds  
  can be satisfied by offer of a "mini-policy" as  
  established by this bill and approved by the Insurance  
  Commissioner.  The specifics of the proposed mini-policy  
  are:

   A.  Dwelling levy coverage up to $400,000 exclusive of  
      the deductible and excluding appurtenant structures,  
      outbuildings, swimming pools, masonry fences and  
      walls other than retaining walls necessary for the  
      safety or integrity of the structure, decks and  
      patios, awnings and patio coverings, custom living  
      features including plaster wall coverings where other  
      coverings would be more cost-effective, landscaping,  
      any walkways other than the primary access to the  
      dwelling walkway which is rendered unsafe for normal  
      usage, and masonry chimneys.

                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 4

   B.  Coverage for additional living expenses of not less  
      than $1,00 which is not subject to any deductible.

   C.  Provides the policyholder with the option  of either  
      (1) no contents coverage or (2) coverage for contents  
      damaged or destroyed by the peril of earthquake  
      limited to 10 percent of the dwelling coverage,  
      provided that glassware, china, porcelain or ceramic  
      items, artwork or other decorative items, antiques or  
      other collectibles, and other such items such as  
      business or recreational equipment not normally  
      associated with the habitability of a dwelling shall  
      not be covered.

   D.  It provides a mediation program affording  
      policyholders the right to mediate disputes.

   E.  Specifies notice to the insured in at least 14-point  
      bold type that the insured is being offered a reduced  
      mini-policy in lieu of the coverage previously  
      purchased by the insured.

   Mini-policy provisions will remain in effect until the  
      enactment of a federal disaster insurance or  
      reinsurance program which is certified by the  
      Insurance Commissioner as sufficient to ensure  
      available earthquake coverage for California  
      homeowners in coverage amounts greater than the  
      mini-policy coverages.

2.  Would require insurers, as a trade-off for being  
   authorized to offer a mini-policy with reduced  
   coverages, to continue to offer earthquake insurance to  
   its residential property insureds now buying that  
   coverage.  Provides that "no insurer may non-renew a  
   policy of residential insurance where an offer of  
   earthquake insurance has been accepted," except for five  
   specified reasons:

    A.  The policy is canceled by the named insured.

    B.  The non-renewal is based on sound underwriting  
      principles, as adopted by the commissioner by  
                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 5

      regulation, applicable to a particular insured  
      property, which are unrelated to the risk of  
      earthquake losses.

    C.  The commissioner finds that exposure to potential  
      losses will threaten the solvency of the insurer as  
      measured across all lines.  If that finding is made,  
      the Commissioner may authorize the non-renewal of  
      "only so much" of an insurer's book of business as is  
      necessary to protect its solvency.  Any plan for  
      non-renewal of policies would be on a fair and  
      equitable basis.  (See next comment for more  
      discussion, as determined by the commissioner any  
      policyholder whose earthquake coverage is non-renewed  
      pursuant to this paragraph is to have the right to  
      issuance from the California FAIR Plan of a  
      stand-alone earthquake policy providing at least the  
      coverage described above.)

    D.  There is a valid ground for cancellation pursuant  
      to Section 676 (e.g., nonpayment of premium).

    E.  The named insured is no longer a member of the  
      motor club, which is a condition for obtaining the  
      insurance.

3.  Prohibits an insurer from using a computer model for  
  purposes of determining or evaluating earthquake risks  
  unless the assumptions of the model have been disclosed  
  to the public, or the insurance commissioner, after  
  public hearing, has approved the use of the model after  
  obtaining access to all assumptions from the modeling  
  company.  Requires the commissioner to promulgate  
  regulations governing approval of these models.
 
FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  Yes    
Local:  No

 SUPPORT:   (Verified  8/30/95)

Association of California Insurance Companies
Department of Insurance
Insurance Agents and Brokers Legislative Council
                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 6

Personal Insurance Federation of California
California Association of Life Underwriters
California Association of Realtors
American Insurance Association
State Farm Insurance Companies



 OPPOSITION:  (Verified 8/30/95)

California Spa and Pool Industry Education Council

 ARGUMENTS IN SUPPORT:    According to the author, the  
intent of this bill is to create a "bare bones" earthquake  
policy in order to provide relief to insurers which  
maintain that excessive exposure to earthquake losses  
threatens their solvency and prevents them from writing new  
homeowners policies.  By reducing the scope of mandatory  
coverage, the author hopes to induce more insurers to  
return to active writing of homeowners and earthquake  
insurance.  The idea, he says, is to cover the home, not  
the china and swimming pools.

 ARGUMENTS IN OPPOSITION:    The opposition wants to be kept  
at the table in discussion of the earthquake insurance  
issue.  California Spa and Pool Industry Education Council  
believes that "it would be unfair and of adverse effect to  
our industry for potential pool buyers to be informed that  
earthquake insurance is not available when they consider  
purchasing our product.  Many families -- including  
middle-class families -- purchase pools in California so as  
to provide themselves with safe, healthy, and affordable  
recreation in their own backyards.  AB 1366 could have a  
chilling effect on the willingness of individuals to  
purchase such products."
 
NOTE:  As expressed in the digest portion of this analysis,  
the bill has been substantially amended.  In its present  
form the bill contains the prior version of SB 266 which  
was opposed by insurance groups and supported by the  
California Association of Realtors. 

DLW:sl  8/30/95  Senate Floor Analyses
                                                     
CONTINUED





                                                     AB  
1366
                                                             
Page 7

                SUPPORT/OPPOSITION:  SEE ABOVE
                      ****  END  ****









































                                                     
CONTINUED