California enacts sweeping insurance reforms to speed disaster recovery - Insurance News | InsuranceNewsNet

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California enacts sweeping insurance reforms to speed disaster recovery

STAFF REPORTImperial Valley Press

SACRAMENTO — California Gov. Gavin Newsom signed landmark legislation into law on Sunday aimed at overhauling how insurance companies handle claims following natural disasters, establishing new consumer protections that double fines on dilatory insurers and mandate faster payouts for survivors.

The bill, Senate Bill 876, known as the Disaster Recovery Reform Act, represents the state's most significant update to its claims-handling laws in more than three decades. Authored by Senate Insurance Committee Chair Steve Padilla (D-San Diego) and sponsored by Insurance Commissioner Ricardo Lara, the measure responds directly to years of consumer complaints following devastating climate-driven wildfires across the state.

Under the new law, insurance companies face doubled financial penalties during state-declared emergencies if they engage in unfair settlement practices or unnecessarily stall payouts. Insurers will also be legally required to pay restitution directly to impacted policyholders when violations occur.

"When disaster strikes, families shouldn't have to face a second disaster in the claims process," Padilla said in a statement following the signing. "SB 876 modernizes laws that were written for a different era. Now insurers have to plan ahead, communicate clearly, and pay what they owe on time, and they face real consequences when they don't."

California's action comes at a critical juncture for the property insurance market nationwide, as escalating extreme weather events—from hurricanes in the Southeast to historic drought-fueled fires in the West—trigger record losses, soaring premiums, and growing consumer dissatisfaction with insurer delays. Officials said the new legislation could serve as a national framework for other states grappling with climate risks.

Key provisions of the law require insurers to:

Submit advance emergency plans: Insurance companies must formulate a comprehensive "disaster recovery plan" reviewed in advance by state regulators to ensure immediate operational readiness during severe emergencies.Streamline adjuster communication: To prevent claims from stalling when assigned to multiple claims adjusters, insurers must provide policyholders with an updated status report within 15 days of transferring a file to a new adjuster.Mandate comprehensive coverage offers: Companies must offer policyholders extended replacement cost coverage and additional living expenses coverage at the time a policy is written, along with updated replacement cost estimates during annual renewals.Support modern code upgrades: Building code upgrade coverages will be calculated based on regulations in place at the time of rebuilding rather than at the time of loss, helping survivors construct safer, code-compliant homes.

The legislation builds on post-disaster consumer initiatives spearheaded by the California Department of Insurance following the catastrophic 2018 Camp Fire in Paradise. Department reviews of more than 2,000 complaints stemming from recent Los Angeles-area wildfires have already yielded more than $338 million in additional payouts to policyholders, including over $50 million specifically for smoke damage claims.

Earlier this session, Newsom signed the complementary Smoke Damage Recovery Act (AB 1795), establishing first-in-the-nation insurance standards to ensure coverage for hidden smoke damage. State regulators say SB 876 will enforce those protections from the first day a disaster occurs.

Consumer advocates hailed the measure as a critical turning point for policyholders struggling to rebuild.

"Underinsurance and claim delays have been the two biggest obstacles standing between disaster survivors and a full recovery for decades," said Amy Bach, executive director of the non-profit advocacy group United Policyholders. "SB 876 attacks both. It requires insurers to offer the coverage people actually need, pay promptly, and keep policyholders informed, and it penalizes them when they don't."

SB 876 is scheduled to take effect on Jan. 1, 2027.

Distributed by Newsbank, inc.

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