California 2017-2018 Regular Session

California Senate Bill SB917 Compare Versions

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Version 2 (New)

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1		-	Senate Bill No. ~~917 CHAPTER 620~~ An act to add Section 530.5 to the Insurance Code, relating to insurance. ~~[ Approved by Governor September 21, 2018. Filed with Secretary of State September 21, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 917, 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, 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, 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.
	1	+	Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 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, 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, 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, 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.
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3		-	Senate Bill No. 917 CHAPTER 620 An act to add Section 530.5 to the Insurance Code, relating to insurance. [ Approved by Governor September 21, 2018. Filed with Secretary of State September 21, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 917, 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, 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
	3	+	Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 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, 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, 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
	4	+
	5	+	Enrolled September 04, 2018 Passed IN Senate August 29, 2018 Passed IN Assembly August 28, 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
	6	+
	7	+	Enrolled September 04, 2018
	8	+	Passed IN Senate August 29, 2018
	9	+	Passed IN Assembly August 28, 2018
	10	+	Amended IN Assembly August 23, 2018
	11	+	Amended IN Assembly July 02, 2018
	12	+	Amended IN Senate May 01, 2018
	13	+	Amended IN Senate April 16, 2018
	14	+
	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	16
5	17		Senate Bill No. 917
6		-	CHAPTER 620
	18	+
	19	+	Introduced by Senator JacksonJanuary 22, 2018
	20	+
	21	+	Introduced by Senator Jackson
	22	+	January 22, 2018
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8	24		An act to add Section 530.5 to the Insurance Code, relating to insurance.
9		-
10		-	[ Approved by Governor September 21, 2018. Filed with Secretary of State September 21, 2018. ]
11	25
12	26		LEGISLATIVE COUNSEL'S DIGEST
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14	28		## LEGISLATIVE COUNSEL'S DIGEST
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16	30		SB 917, Jackson. Insurance policies.
17	31
18	32		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, 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.
19	33
20	34		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.
21	35
22	36		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, 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.
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24	38		## Digest Key
25	39
26	40		## Bill Text
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28	42		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, 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.
29	43
30	44		The people of the State of California do enact as follows:
31	45
32	46		## The people of the State of California do enact as follows:
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34	48		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, 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.
35	49
36	50		SECTION 1. Section 530.5 is added to the Insurance Code, to read:
37	51
38	52		### SECTION 1.
39	53
40	54		530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, 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.
41	55
42	56		530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, 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.
43	57
44	58		530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, 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.
45	59
46	60
47	61
48	62		530.5. If a loss or damage results from a combination of perils, one of which is a landslide, mudslide, mudflow, or debris flow, 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.
49	63
50	64		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.
51	65
52	66		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.
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54	68		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.
55	69
56	70		### SEC. 2.
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58	72		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.
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60	74		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.
61	75
62	76		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.
63	77
64	78		### SEC. 3.