Fire and Marine InsuranceEarthquake Insurance
Section § 10081
This law mandates that insurance companies in California cannot issue, deliver, or renew residential property insurance policies without offering the insured an option for earthquake coverage. This coverage can be included in the main policy or provided as a separate document, either covering just earthquake damage or damage from multiple risks.
Section § 10082
This law specifies that insurance companies offering residential property insurance must also offer earthquake coverage, as per the rules in Section 10089. The offer of earthquake coverage has to follow the insurer's usual rules and rating plan. However, insurers are not obligated to issue these policies unless they follow their typical underwriting standards, which cannot exclude providing the mandatory offer of earthquake coverage.
Section § 10082.3
This law outlines the requirements for handling claims related to residential property and earthquake insurance policies issued after January 1, 2002. When a loss occurs, the insured must notify the insurer promptly and provide a detailed inventory of all property affected. A formal proof of loss must be submitted within 60 days unless the insurer grants an extension. The insurer must also inform insured parties that tax returns are protected by law but may be needed for claims processing.
Insurers are required to furnish claim-related documents upon request, including estimates and reports, but not privileged documents or those indicating fraud. If there's a disagreement on the loss amount, both parties can appoint appraisers and, if needed, an umpire to resolve differences informally. In disaster cases, appraisal requests are not mandatory.
If an insurer assigns a third or more adjusters for a claim within six months, they must provide a written status update, detailing important decisions and actions related to the claim.
Section § 10082.5
This law states that if your home insurance company charges you extra for earthquake coverage because your home doesn't meet certain safety standards, and you then fix these issues, you shouldn't be charged the extra fee anymore. The issues could be related to securing water heaters, adding foundation anchor bolts, or bracing walls as per the building codes. After making these improvements, you need to submit an inspection record to your insurer to prove the work is done. Once they receive it, they'll refund the extra fees you paid from the date they got the inspection record.
Section § 10083
This section outlines the requirements for offering earthquake insurance alongside residential property insurance in California. Insurance companies must offer this coverage within 60 days of issuing or renewing a property insurance policy. The offer must explain that standard policies do not cover earthquake damage and must be made clear and noticeable in correspondence to the insured. If the insured does not accept the offer within 30 days, it is assumed they declined. The offer must be repeated every other year if not initially accepted. Modifications to the offer language are allowed but must be approved and still clearly communicate coverage details. If a policy includes earthquake coverage different from the standard, the need for a new offer is waived if renewal is offered with a notice of availability for additional coverage.
Section § 10084
This law states that insurance companies providing residential property insurance in California must offer earthquake coverage. They can do this in three ways: offering the coverage themselves, arranging for an affiliated insurer to offer it, or working with an insurance agent or broker to provide coverage through a non-affiliated insurer.
Section § 10085
This section says that if an insurance company offers earthquake coverage and the insured person doesn't accept it within 30 days, it is assumed they have chosen not to have the coverage. This decision is final and affects everyone who might have an interest in the insured property, not just the person named on the insurance.
Section § 10086
This law section explains that if you accept earthquake insurance, it will continue at the current rates and conditions unless your regular property insurance is canceled.
When it's time to renew, your insurer can change the terms as long as the new terms meet minimum coverage standards. If the coverage is reduced or different, they must inform you with a special document detailing these changes.
Before July 1, 2020, the notice about changes had specific wording. After that date, it has updated wording to clearly explain that your coverage has been reduced or changed. You can ask for a sample of the new policy before deciding to renew.
The insurance commissioner must approve the renewal offer, which must include certain information, and may allow variations in how the information is presented, to ensure clarity for the policyholder.
Also, you have the right to cancel your earthquake insurance whenever you want.
Section § 10086.1
If a homeowner doesn't accept an offer for earthquake insurance, the insurance company must tell them their policy doesn't include this coverage. This notice has to be given every other year when the homeowner's insurance policy is renewed. This rule doesn't change any other insurance terms or affect the existing homeowner's coverage.
Also, if certain conditions are met under another rule (Section 10083), the insurer doesn't need to send any extra noncoverage notices beyond what's already required.
Section § 10086.5
This law makes it clear that insurance companies in California cannot penalize homeowners by refusing, rejecting, or canceling their residential property insurance just because they decided to add earthquake coverage. It's part of a broader commitment to fair practices, ensuring that policyholders are protected from unfair treatment when they choose to include earthquake protection in their insurance. Insurers are also prohibited from using discriminatory practices in their underwriting standards against those who opt for earthquake coverage.
Section § 10087
This law defines what constitutes a 'policy of residential property insurance' in California. It applies to insurances for residential properties with up to four units, condo units, and mobile homes used only for living purposes. The law specifically excludes insurance for properties used for commercial activities, policies that lack fire peril coverage, and those covering fines or liabilities linked to recovery residences or treatment facilities, starting January 1, 2022.
Recovery residences operated by residents on a non-profit basis can still obtain this insurance, provided they only collect living expenses and are not tied to commercial treatment facilities. Additionally, if insurance offers or required documents are mailed, there is conclusive proof they were delivered if addressed to the insured's mailing address. A signed receipt from hand delivery to the insured also conclusively proves delivery.
Section § 10087.5
If you have a home insurance policy that covers earthquake damage but requires you to pay a percentage-based deductible, the policy must clearly explain how that percentage is calculated on the policy's main page. This needs to be printed in a bold 10-point font. Any advertisements for such policies must also state what the deductible percentage is and how it's figured out.
For those with condo insurance that covers earthquake damage, the policy must clearly show if there’s no coverage for 'loss assessment,' meaning costs shared among condo owners for repairs. If there are changes or limits on this coverage, these must be explained on the policy's main page or the page immediately after, in bold print.
The Insurance Commissioner will provide specific language for these disclosures to ensure clarity for different types of policy coverages.
Section § 10088
This law states that if your insurance policy doesn't specifically cover earthquake damage, it doesn't cover losses caused by an earthquake, even if there are other contributing factors covered by the policy. This applies to all types of insurance policies, including business and commercial ones covering property damage. However, insurers can choose to cover losses from explosions, theft, or glass breakage that happen due to an earthquake.
Section § 10088.5
This law clarifies that fire insurance policies must still cover fire damage, even if the fire starts or follows an earthquake. It ensures that insurers can't avoid paying for fire-related losses by blaming the earthquake.
Section § 10089
This law section outlines the minimum requirements for earthquake insurance coverage offers in California. Insurers must cover: (1) Dwelling damage, excluding certain structures like pools and patios, but including the replacement of masonry chimneys with non-masonry, earthquake-resistant ones. (2) Contents inside the home, either up to at least 10% of the dwelling's value or at least $5,000. Insurers must decide which coverage option to offer and can exclude specific items like china and artwork. (3) At least $1,500 for additional living expenses if the home becomes uninhabitable after an earthquake.
The deductible for dwelling and contents coverage cannot exceed 15% of the provided coverage. The law allows insurers to offer alternative coverage if at least one option complies with these minimums. For non-owner-occupied homes, policyholders can waive the additional living expenses coverage if notified properly and if the waiver is made in writing.
Section § 10089.1
This law requires insurers to offer optional coverage of $10,000 for homeowners who retrofit their homes to meet current building code standards following an earthquake. This coverage is offered after the homeowner has completed retrofitting, ensuring that the home can be safely rebuilt to comply with local building codes.
Section § 10089.2
This law requires insurance companies to inform applicants about any available discounts or surcharges when offering to issue or renew earthquake insurance coverage. This disclosure must include details about discounts for earthquake hazard reductions like securing hot water heaters or reinforcing chimneys. The information must be provided in writing, either as a separate document or included with the insurance offer. Insurance companies must also provide detailed discount and surcharge information to their agents and brokers, who are responsible for passing this information to applicants. However, if policyholders have already completed these hazard reduction measures and receive adjusted premiums, the insurer is not required to follow these disclosure rules.
Section § 10089.3
This law requires the California Department of Insurance to set standards for training insurance adjusters on earthquake damage evaluation. The California Earthquake Authority provides the standards to ensure consistency. By December 31, 2004, insurance companies must train and accredit their adjusters according to these standards. If adjusters aren't trained and accredited, insurers must report their names and related claim numbers to the department. Adjusters accredited by one company need not retrain to work with another, and insurers don't need to report adjusters already accredited by another company.
The term 'insurance adjuster' includes licensed individuals and their employees, as well as insurer employees, involved in insurance adjusting tasks as defined by law.
Section § 10089.4
This law states that no one can require earthquake insurance or charge fees related to it for condominium loans using a geographical earthquake assessment system unless the system's methods are approved by the commissioner. The approval process involves consulting the State Geologist.
The department can charge a fee to cover the costs of reviewing these assessment methods. Additionally, any costs the State Geologist or the Department of Conservation incurs will be paid back by the department.