CA Ins Commish can’t expand FAIR Plan basic coverage: Court
A
The
“... Our review of the statutory scheme and the historical context of the law’s passage compel us to conclude that the Legislature’s intent in enacting the (1968) Basic Property Insurance Law was to ensure that first-party property insurance – not liability coverage – would be available to property owners in this state,” the appeals court said. “We therefore reverse the judgment…”
Lara was the defendant and respondent in the case, while the
“We appreciate that the court confirmed the California FAIR Plan is designed and intended to operate as California’s insurer of last resort, providing basic property coverage when it cannot be obtained in the voluntary market,” the
The legal dispute centered on the statutory definition of “basic property insurance” that the FAIR Plan must provide. The FAIR Plan had sought to overturn Lara’s 2021 order directing the association to submit a plan that provides coverage including “premises liability” and “incidental workers’ compensation.”
The FAIR Plan’s attorneys argued that the commissioner’s authority to expand the coverage of the association’s basic property insurance policies does not go beyond first-party coverage – that is, “insurance against direct loss or real or tangible personal property.”
Adding liability coverage for homeowners would expand protections to third-party claims related to the insured’s conduct, according to the FAIR Plan.
But the commissioner contended that coverage could be added to such policies provided that they were related to an insured’s property. In addition, he pointed out that the state
But the appeals court ultimately rejected the department’s 1994 interpretation of section 10091 of the Insurance Code.
“It contradicts the department’s earlier statements to the Legislature and rests on reasoning that fails to engage with the law’s text, structure or purposes,” the court said. “... The historical context of the Basic Property Insurance Law’s enactment, its stated purposes and the overall statutory scheme all favor a construction of section 10091 … that confines the statutory definition of ‘basic property insurance’ to first-party coverages against direct loss or damage to property.”
The state legislature never intended the Basic Property Insurance Law to include a “catchall” mechanism giving the commissioner authority to mandate that the FAIR Plan offer liability insurance coverage, the court concluded.


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