California 2017 2017-2018 Regular Session

California Senate Bill SB917 Amended / Bill

Filed 08/23/2018

                    Amended IN  Assembly  August 23, 2018 Amended IN  Assembly  July 02, 2018 Amended IN  Senate  May 01, 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 require coverage to be provided if a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. The bill would require coverage to be provided under the same terms and conditions as would be provided for the insured peril. The bill would state that it does not constitute a change in, but is declaratory of, existing law, and that it does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.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, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.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. 3. The addition of Section 530.5 to the Insurance Code by this act does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

 Amended IN  Assembly  August 23, 2018 Amended IN  Assembly  July 02, 2018 Amended IN  Senate  May 01, 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 require coverage to be provided if a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. The bill would require coverage to be provided under the same terms and conditions as would be provided for the insured peril. The bill would state that it does not constitute a change in, but is declaratory of, existing law, and that it does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  August 23, 2018 Amended IN  Assembly  July 02, 2018 Amended IN  Senate  May 01, 2018 Amended IN  Senate  April 16, 2018

Amended IN  Assembly  August 23, 2018
Amended IN  Assembly  July 02, 2018
Amended IN  Senate  May 01, 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 require coverage to be provided if a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. The bill would require coverage to be provided under the same terms and conditions as would be provided for the insured peril. The bill would state that it does not constitute a change in, but is declaratory of, existing law, and that it does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

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 require coverage to be provided if a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. The bill would require coverage to be provided under the same terms and conditions as would be provided for the insured peril. The bill would state that it does not constitute a change in, but is declaratory of, existing law, and that it does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

## 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, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.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. 3. The addition of Section 530.5 to the Insurance Code by this act does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

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, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.

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, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.

530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.

530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.



530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, or other similar earth movement, coverage shall be provided if an insured peril is the efficient proximate cause of the loss or damage and coverage would otherwise be provided for the insured peril. Coverage shall be provided under the same terms and conditions as would be provided for the insured peril.

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.

SEC. 3. The addition of Section 530.5 to the Insurance Code by this act does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

SEC. 3. The addition of Section 530.5 to the Insurance Code by this act does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

SEC. 3. The addition of Section 530.5 to the Insurance Code by this act does not alter or abrogate any coverage or defenses, either in contract or law, that existed prior to January 1, 2019.

### SEC. 3.