California 2017 2017-2018 Regular Session

California Senate Bill SB917 Amended / Bill

Filed 04/16/2018

                    Amended IN  Senate  April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 917Introduced by Senator JacksonJanuary 22, 2018 An act to add Section 530.5 to the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 917, as amended, Jackson. Insurance policies.Existing law regulates insurance and the business of insurance in the state. Under existing law, an insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss. Under existing law, an insurer is not liable for a loss of which the peril insured was only the remote cause.This bill would provide that a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided. if a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage. The bill would state that it does not constitute a change in, but is declaratory of, existing law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 530.5 is added to the Insurance Code, to read:530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.SEC. 2. The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.SECTION 1.Section 530.5 is added to the Insurance Code, to read:530.5.(a)Notwithstanding Section 532, and in the absence of an endorsement or additional policy provision specifically covering the peril of landslide, a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in the loss or damage was proximately caused by another covered peril. This subdivision applies regardless of whether the loss or damage attributable to the landslide directly or indirectly resulted from, or was contributed to by, concurrently or in any sequence, any other proximate or remote cause, whether or not that cause was covered by the policy. (b)For purposes of this section, the term policy means any insurance policy of any nature, including, but not limited to, business and commercial policies providing coverage against loss due to property damage. (c)For purposes of this section, the term landslide includes a landslide, mudslide, or mudflow, or any other similar earth movement.(d)This section shall be liberally construed to effectuate its purpose.SEC. 2.The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law. 

 Amended IN  Senate  April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 917Introduced by Senator JacksonJanuary 22, 2018 An act to add Section 530.5 to the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 917, as amended, Jackson. Insurance policies.Existing law regulates insurance and the business of insurance in the state. Under existing law, an insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss. Under existing law, an insurer is not liable for a loss of which the peril insured was only the remote cause.This bill would provide that a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided. if a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage. The bill would state that it does not constitute a change in, but is declaratory of, existing law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  April 16, 2018

Amended IN  Senate  April 16, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 917

Introduced by Senator JacksonJanuary 22, 2018

Introduced by Senator Jackson
January 22, 2018

 An act to add Section 530.5 to the Insurance Code, relating to insurance. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 917, as amended, Jackson. Insurance policies.

Existing law regulates insurance and the business of insurance in the state. Under existing law, an insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss. Under existing law, an insurer is not liable for a loss of which the peril insured was only the remote cause.This bill would provide that a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided. if a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage. The bill would state that it does not constitute a change in, but is declaratory of, existing law.

Existing law regulates insurance and the business of insurance in the state. Under existing law, an insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss. Under existing law, an insurer is not liable for a loss of which the peril insured was only the remote cause.

This bill would provide that a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in loss or damage was proximately caused by another covered peril, as provided. if a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage. The bill would state that it does not constitute a change in, but is declaratory of, existing law.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 530.5 is added to the Insurance Code, to read:530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.SEC. 2. The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.SECTION 1.Section 530.5 is added to the Insurance Code, to read:530.5.(a)Notwithstanding Section 532, and in the absence of an endorsement or additional policy provision specifically covering the peril of landslide, a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in the loss or damage was proximately caused by another covered peril. This subdivision applies regardless of whether the loss or damage attributable to the landslide directly or indirectly resulted from, or was contributed to by, concurrently or in any sequence, any other proximate or remote cause, whether or not that cause was covered by the policy. (b)For purposes of this section, the term policy means any insurance policy of any nature, including, but not limited to, business and commercial policies providing coverage against loss due to property damage. (c)For purposes of this section, the term landslide includes a landslide, mudslide, or mudflow, or any other similar earth movement.(d)This section shall be liberally construed to effectuate its purpose.SEC. 2.The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law. 

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 530.5 is added to the Insurance Code, to read:530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.

SECTION 1. Section 530.5 is added to the Insurance Code, to read:

### SECTION 1.

530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.

530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.

530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.



530.5. If a loss or damage results from a combination of perils, one of which is a landslide, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage.

SEC. 2. The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.

SEC. 2. The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.

SEC. 2. The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.

### SEC. 2.





(a)Notwithstanding Section 532, and in the absence of an endorsement or additional policy provision specifically covering the peril of landslide, a policy that does not cover the peril of landslide shall not exclude coverage for any loss or damage attributable to a landslide if the landslide resulting in the loss or damage was proximately caused by another covered peril. This subdivision applies regardless of whether the loss or damage attributable to the landslide directly or indirectly resulted from, or was contributed to by, concurrently or in any sequence, any other proximate or remote cause, whether or not that cause was covered by the policy. 



(b)For purposes of this section, the term policy means any insurance policy of any nature, including, but not limited to, business and commercial policies providing coverage against loss due to property damage. 



(c)For purposes of this section, the term landslide includes a landslide, mudslide, or mudflow, or any other similar earth movement.



(d)This section shall be liberally construed to effectuate its purpose.





The addition of Section 530.5 to the Insurance Code by this act does not constitute a change in, but is declaratory of, existing law.