California insurance chief keeps ‘chin up’ ahead of FAIR Plan, policy reforms
A few weeks after California Insurance Commissioner
The proposal in September capped a tough year for the commissioner, who was grappling with upheaval in California’s home insurance market and the aftermath and recovery from the
Away from the weight of the job, he shared a quiet dinner of fried potato tacos and red salsa with mom and dad, somewhat surprised his mother wasn’t grilling him about work in her usual style.
“As I’m leaving, she says, ‘Hey, chin up, keep fighting. I didn’t come to this country and suffer what I did so that you could give up. We’re not giving up. Finish the job that you were elected to do.’ “
After dealing with more than 120 wildfires and listening to myriad stories of death and financial ruin, Lara in an interview with the
“You take these fires home with you,” Lara said. “I’ve dealt with depression and anxiety after seeing so much devastation, seeing so much heartbreak, and seeing grown men cry with desperation.”
Lara has an active agenda in the coming year — perhaps his legacy, he says — and takes stock in what he’s already achieved to help L.A. rebuild from the wildfires that destroyed 16,250 structures, killed 31 people in
“I really haven’t had a moment to reflect,” he said. “It’s been disaster after disaster since 2019. I need a mental break from elected office. I think it’s time for me to see what else I can do.”
In his crosshairs before he leaves is making insurance giants like State Farm Mutual Insurance Co. more transparent with its financials, and reforming the Fair Access to Insurance Requirements, or FAIR Plan, the state’s insurer of last resort.
Lara had plenty to say about
SIS allows insurance companies to increase rates based on the growing threat of climate change, passing on to their customers costs for insuring high-risk homes. In exchange, insurance companies are expected to write more polices in fire-prone parts of the state, where they’ve ended coverage for hundreds of thousands of homeowners over the past decade.
The goal of SIS is to help transition property owners off the FAIR Plan, which has written 668,609 homeowner policies as of
Consumer advocates, however, say SIS reforms will lead to a continued spike in rates. They are deeply skeptical that insurers will actually write more policies in fire-risk communities. They also cite what they describe as “loopholes” in the regulations, including the exclusion of many fire-prone neighborhoods from state maps where insurers must write more policies.
Insurance insiders counter those concerns.
“The SIS was the best, politically-feasible answer to this reality,” said
Rates rising?
Following the January fires, six of the top 10 policy underwriters in
The rate hikes tied to the six insurers do not include a 35.8% rate increase sought by the state-mandated FAIR Plan, filed on
Two of California’s largest home insurers recently got approval to raise rates for customers by an average 6.9% later this year, according to Lara, who said they were the first insurers to fall under SIS.
The fifth largest,
A Mercury spokesman refused to confirm the amount of the additional premiums to be paid by its policyholders.
The watchdog thorn in his side
Lara’s chief critic since he began his job in 2019 has been Consumer Watchdog, the group that wrote the state’s 38-year-old Proposition 103 insurance law.
The ballot initiative transformed auto and homeowner insurance by requiring prior approval for rate increases from an elected insurance commissioner and allowed consumer intervention in rate cases to ensure insurance is affordable and fair.
In September, Lara proposed a regulation that would cut organizations representing consumers out of rate reviews — a gambit that ultimately led to several such groups calling for his resignation last fall. Consumer Watchdog says it has used the regulatory process to save homeowners and motorists
“The rules are geared toward denying compensation for any organization that the commissioner is not in sync with,” said
Since 2013, Consumer Watchdog has received the lion’s share of nearly
In his interview with SCNG, Lara traced the tension with Consumer Watchdog back to his first day in office. That’s when the group demanded he adopt resolutions mandating disclosure of insurers’ fossil fuel investments due to climate change, which Lara refused to do.
Lara also rejected a Consumer Watchdog-based petition at the time that would have barred insurance companies from using education and occupation to rate auto insurance, a pervasive practice that discriminates against lower income and communities of color, according to Balber.
Last year, Lara also took on
In June, the company filed for a 31.4% rate change, for
“I wanted them to have some skin in the game from the parent company to demonstrate that they’re at least invested financially in solving this issue. There was no way I was going to allow them to come in and not even go to their parent company for help,” Lara said. “We still need to understand what
State Farm’s request for higher rates without adequate financial documentation has put Lara in a tough spot. The commissioner said he relied on conversations with retiring Texas Insurance Commissioner
Lara is concerned that
After the L.A. wildfires and with hundreds of complaints from consumers who encountered trouble getting claims paid out, Lara began a “market conduct exam” of
“It’s something that we constantly worry about and is a constant discussion point that we have when we all get together,” said Lara of meetings and calls with other state commissioners.
A market conduct examination in insurance is a state-led review of an insurer’s business practices, such as sales, underwriting and claims handling. The exam examines whether a company complied with insurance laws, regulations and fair treatment of consumers.
Lara also said that his department is closely watching litigation filed by lllinois Attorney General
FAIR Plan reform
A big push is still to come from Lara who said he wants a legislative overhaul of the nearly 60-year-old FAIR Plan. He believes the department of insurance needs more power to guide ratemaking and coverage for homeowners, plus speedier payouts from claims resulting from disasters.
He is currently working on a plan with state Assemblymember
He declined to discuss details of the proposed legislation, but did indicate that “transparency” is a step in the right direction. A hearing on the FAIR Plan overhaul is scheduled for
“This effort is in tandem with seeking to depopulate the FAIR Plan through commitments from insurance companies to expand coverage in wildfire distressed areas [as part of the SIS strategy],” Lara said. “The FAIR Plan should be a last resort, not a first option.”
In July, Lara sued the FAIR Plan for “systematically denying and limiting smoke damage claims from wildfire survivors.” Consumer Watchdog maintains the filing has yet to stop FAIR Plan from illegally denying smoke damage claims and has not done anything to fix the situation.
Frazier at the
“If there is a systematic nonpayment of claims, someone needs to explain how that occurs when the insurance industry has paid multiple times any other government or non-government source to help people in need,” Frazier said.
The Calderon proposal also could expand the FAIR Plan’s insurance offerings. Lara said he’s tired of dealing with lawyers fighting in court — wasting taxpayers’ money — and wants to shake-up the FAIR Plan charter with legislation.
For instance, in early December, a state appeals court blocked a state insurance department regulation issued in 2021 that would have required the FAIR Plan to offer additional coverage beyond basic fire policies. The court ruled that the department’s plan to have the FAIR Plan offer liability insurance was not the intent of the legislature when it established the insurer of last resort in 1968.
Lara said the new legislation would give him the authority to make the FAIR Plan provide comprehensive policy option.
“I don’t have a crystal ball to determine what catastrophe we might have to deal with in the future — but I have to make sure that the next commissioner has a FAIR Plan that’s responsive, that’s transparent and is consumer-centric, especially when it comes to smoke claims.”
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