CA
California Senate Bill SB569

California 2017-2018 Regular Session

California Senate Bill SB569 Compare Versions

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1-Senate Bill No. 569 CHAPTER 361 An act to add Section 2085 to the Insurance Code, relating to insurance. [ Approved by Governor September 28, 2017. Filed with Secretary of State September 28, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 569, Monning. Insurance: disasters: identification of insurer.Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2085 is added to the Insurance Code, to read:2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
1+Enrolled September 08, 2017 Passed IN Senate September 07, 2017 Passed IN Assembly September 05, 2017 Amended IN Assembly August 28, 2017 Amended IN Assembly July 18, 2017 Amended IN Assembly June 29, 2017 Amended IN Senate May 26, 2017 Amended IN Senate April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 569Introduced by Senator MonningFebruary 17, 2017 An act to add Section 2085 to the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 569, Monning. Insurance: disasters: identification of insurer.Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2085 is added to the Insurance Code, to read:2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
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3- Senate Bill No. 569 CHAPTER 361 An act to add Section 2085 to the Insurance Code, relating to insurance. [ Approved by Governor September 28, 2017. Filed with Secretary of State September 28, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 569, Monning. Insurance: disasters: identification of insurer.Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Enrolled September 08, 2017 Passed IN Senate September 07, 2017 Passed IN Assembly September 05, 2017 Amended IN Assembly August 28, 2017 Amended IN Assembly July 18, 2017 Amended IN Assembly June 29, 2017 Amended IN Senate May 26, 2017 Amended IN Senate April 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 569Introduced by Senator MonningFebruary 17, 2017 An act to add Section 2085 to the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 569, Monning. Insurance: disasters: identification of insurer.Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
4+
5+ Enrolled September 08, 2017 Passed IN Senate September 07, 2017 Passed IN Assembly September 05, 2017 Amended IN Assembly August 28, 2017 Amended IN Assembly July 18, 2017 Amended IN Assembly June 29, 2017 Amended IN Senate May 26, 2017 Amended IN Senate April 04, 2017
6+
7+Enrolled September 08, 2017
8+Passed IN Senate September 07, 2017
9+Passed IN Assembly September 05, 2017
10+Amended IN Assembly August 28, 2017
11+Amended IN Assembly July 18, 2017
12+Amended IN Assembly June 29, 2017
13+Amended IN Senate May 26, 2017
14+Amended IN Senate April 04, 2017
15+
16+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
417
518 Senate Bill No. 569
6-CHAPTER 361
19+
20+Introduced by Senator MonningFebruary 17, 2017
21+
22+Introduced by Senator Monning
23+February 17, 2017
724
825 An act to add Section 2085 to the Insurance Code, relating to insurance.
9-
10- [ Approved by Governor September 28, 2017. Filed with Secretary of State September 28, 2017. ]
1126
1227 LEGISLATIVE COUNSEL'S DIGEST
1328
1429 ## LEGISLATIVE COUNSEL'S DIGEST
1530
1631 SB 569, Monning. Insurance: disasters: identification of insurer.
1732
1833 Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.
1934
2035 Existing law generally regulates fire insurance, which includes insurance against loss by fire, lightning, windstorm, tornado, or earthquake, and establishes a standard form of fire insurance policy for the state. Existing law requires an insurer to provide an insured, free of charge, a complete, current copy of his or her fire insurance policy after a covered loss under the policy and within 30 calendar days of receipt of a request from the insured.
2136
2237 This bill would require the Insurance Commissioner, in the case of a declaration of a disaster and at the request of a property owner, or the owners legal representative, that is unable to identify the insurer for property located in the disaster area, to electronically provide the owners name, any contact information provided to the commissioner, and property location information to insurers who issue homeowners fire insurance policies. The bill would deem that information to be provided with the voluntary written consent of the owner or his or her legal representative, as specified. The bill would require an insurer to respond, free of charge, to the property owner or owners legal representative within 90 days after receiving that transmission if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. The bill would limit the liability of the commissioner or the commissioners authorized representative, any department employees, and the insurer or the insurers employees, for statements made or conduct performed in good faith while carrying out these provisions.
2338
2439 ## Digest Key
2540
2641 ## Bill Text
2742
2843 The people of the State of California do enact as follows:SECTION 1. Section 2085 is added to the Insurance Code, to read:2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
2944
3045 The people of the State of California do enact as follows:
3146
3247 ## The people of the State of California do enact as follows:
3348
3449 SECTION 1. Section 2085 is added to the Insurance Code, to read:2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
3550
3651 SECTION 1. Section 2085 is added to the Insurance Code, to read:
3752
3853 ### SECTION 1.
3954
4055 2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
4156
4257 2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
4358
4459 2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.(3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.(b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).(c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.(2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.(3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.
4560
4661
4762
4863 2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owners legal representative is unable to identify the insurer of the owners property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owners legal representative, electronically provide the property owners name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners insurance policies subject to Section 2071.
4964
5065 (2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owners legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. No reasonable expectation of privacy shall exist for the information provided to the commissioner or an insurer pursuant to this section and no cause of action shall arise nor shall any liability be imposed against the commissioner or an insurer, the commissioners or an insurers authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section.
5166
5267 (3) Communication between a property owner or owners legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim.
5368
5469 (b) An insurer that issues homeowners insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a).
5570
5671 (c) (1) An insurer that issues homeowners insurance policies subject to Section 2071 shall respond to the property owner or owners legal representative within 90 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners insurance policy on the property located in the disaster area and identified in the commissioners communication that was in force at the time that the disaster occurred. An insurers response to the property owner or owners legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.
5772
5873 (2) Notwithstanding paragraph (1), neither the department nor the insurer shall be required to respond to a property owner or the owners legal representative if the insurer determines that it did not issue a policy for the property.
5974
6075 (3) A response by an insurer to the property owner or the owners legal representative pursuant to paragraph (1) shall be provided free of charge.