Insurance ‘horror stories’ after wildfires prompt California lawmakers to consider reforms

Jan. 17--SACRAMENTO -- California lawmakers on Tuesday took aim at the insurance industry after hearing from homeowners struggling to rebuild in the aftermath of a record-setting wildfire season that caused more than $9 billion in damages.

"Californians hard hit by these disasters should not be hung up by insurance company red tape as they rebuild their lives," said Insurance Commissioner Dave Jones, also a candidate for state Attorney General, whose office regulates the insurance market.

A package of 10 proposals, unveiled by Jones and lawmakers representing areas devastated by the Wine Country and Thomas fires, aims to bolster consumer protections in future disasters. The bills would allow homeowners more time to rebuild as they grapple with construction delays fueled by an overwhelming demand for labor, for example, and give them the option of recouping personal property losses -- 80 percent of their policy limits -- without painstakingly documenting each item lost.

"I will guarantee you that many of us in this room couldn't provide that information right now, let alone when we are sifting through the ashes of our belongings," said Sen. Mike McGuire, D-Healdsburg, who is carrying Senate Bill 897 and said his office has received scores of complaints, "candidly, horror stories," about their insurance coverage.

Aside from SB 897's provision on loss itemization, which would be available to victims of recent fires, the bill package is not retroactive and would apply only to future events.

Those who lost homes in wildfires and other natural disasters would be able to renew their insurance policies twice -- covering at least two years after the loss -- under Napa Sen. Bill Dodd's Senate Bill 894. Insurers currently are required to renew policies after natural disasters one time, for 12 months.

Dodd's bill would also allow disaster victims to recover living expenses from their insurance company over a longer stretch of time -- three years, rather than two -- and would require insurance companies to report to the state each time they decline to renew a policy or leave the market.

A bill by Assemblywoman Monique Limón, D-Santa Barbara, would speed up debris removal by requiring insurers to participate in an existing program. Another proposal, by McGuire, would ensure that insurers cover expenses for displaced homeowners staying in short-term rentals or even RVs.

Last year's deadly wildfires killed at least 45 people and destroyed or damaged more than 21,000 homes and 728 businesses, according to the California Department of Insurance.

One thing became clear to Dianna Gaines after comparing notes with friends and neighbors who, like her, were also trying to rebuild: Insurance companies are all over the map.

Gaines, who is rebuilding her Bennett Ridge home in Santa Rosa, said her Allstate policy already offers her much of what the state is proposing -- benefits, she believes, should be standardized throughout the industry.

"You really don't know what you're getting until something happens -- and then it's too late," she said. "I hear stories from friends who have lost their homes, and a lot of people aren't getting the care that we are getting, and they are paying as much, if not more."

Mark Sektnan, vice president of state government relations for the Property Casualty Insurers Association of America, said the association will work with lawmakers to make sure the legislation protects policyholders without causing "unintended consequences that damage California's highly competitive homeowners insurance marketplace."

"If they're going to layer on additional benefits," Sektnan said, "then that is going to cost more money, and we have to make sure people are willing to pay more money for the additional benefits that are going to be mandated by the legislature."

Asked Tuesday whether the bills would make coverage more expensive for homeowners, Jones responded that they were "common sense, reasonable proposals" and that California's insurance market was robust enough to handle such changes.

Climate change is making extreme events far more common, lawmakers noted, and homeowners deserve better protections.

"Families pay their insurance premiums year in and year out," Dodd said, "and when a major disaster strikes we need our insurance companies to have our back."

WILDFIRES AND HOMEOWNER'S INSURANCE

Below are 10 proposals included in a bill package announced Tuesday by California Insurance Commissioner Dave Jones and lawmakers representing Northern California Wine Country and Santa Barbara. The proposals would affect only those whose homes were damaged or destroyed in declared natural disasters, such as wildfires, for which they have insurance coverage.

Policy renewals and living expenses: Senate Bill 894, Sen. Bill Dodd, D-Napa, would allow people to cobble together unused coverage -- from personal property, other insured structures, living expenses -- to rebuild their homes after a disaster. It also would require an insurer to renew a homeowner's policy twice after a disaster strikes, rather than just once, and would allow wildfire survivors to collect living expenses benefits for three years, rather than two years.

RV and Airbnb stays -- and no inventory required: Senate Bill 897, from Sen. Mike McGuire, D-Healdsburg, would ensure that additional living expenses benefits cover various forms of temporary housing -- not just hotels -- including RV rentals and Airbnb stays. The bill also aims to simplify the ordeal of claiming personal property losses by allowing homeowners to settle for 80 percent of their policy limit's amount without having to compile an inventory.

More time to rebuild: Assembly Bill 1722, Assemblywoman Cecilia Aguiar-Curry, D-Winters, would give homeowners more time -- three years instead of two -- to rebuild and collect insurance benefits after a declared disaster, as the demand for construction after a natural disaster is known to cause delays.

Annual FYI on rising construction costs: Assembly Bill 1797, Assemblyman Marc Levine, D-San Rafael, would require insurers to produce a replacement-cost estimate each year so longtime homeowners can keep up with the rising cost of construction and adjust their coverage as needed.

My policy documents, please: Assembly Bill 1799, also from Levine, would require insurers to provide a complete copy of policy documents upon request.

Rebuild or buy -- your choice: Assembly Bill 1800, by Levine, would ensure that policyholders who lost their homes can collect their home's full replacement cost whether they decide to rebuild or buy a new home.

Faster debris clean-up: Assemblywoman Monique Limón, D-Santa Barbara, aims to expedite clean-up by requiring insurers to participate in the consolidated debris removal program after a declared disaster.

Mandatory coverage: Assemblyman Jim Wood, D-Healdsburg, is proposing that new and renewed homeowners insurance policies cover at least 50 percent of the replacement cost.

Additional proposals from the insurance commissioner would extend a policyholder's right to sue after a declared disaster from one year to two years and would provide automatic additional coverage after a declared disaster.

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