| 1 | | - | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 805Introduced by Senator PrezFebruary 21, 2025 An act to amend Section 2085 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 805, as amended, Prez. Insurance policies. Homeowners insurance: declared disaster areas.Existing law generally regulates classes of insurance, including fire insurance and homeowners insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owners information to insurers that issue homeowners insurance policies covering fire risks at the owners request. Existing law requires an insurer that issued a homeowners insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner.This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days.Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2085 of the Insurance Code is amended 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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.SECTION 1.It is the intent of the Legislature to enact legislation regarding insurance policies. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 805Introduced by Senator PrezFebruary 21, 2025 An act relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 805, as introduced, Prez. Insurance policies.Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies.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. It is the intent of the Legislature to enact legislation regarding insurance policies. |
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| 3 | | - | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 805Introduced by Senator PrezFebruary 21, 2025 An act to amend Section 2085 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 805, as amended, Prez. Insurance policies. Homeowners insurance: declared disaster areas.Existing law generally regulates classes of insurance, including fire insurance and homeowners insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owners information to insurers that issue homeowners insurance policies covering fire risks at the owners request. Existing law requires an insurer that issued a homeowners insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner.This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days.Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 805Introduced by Senator PrezFebruary 21, 2025 An act relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 805, as introduced, Prez. Insurance policies.Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 28 | | - | Existing law generally regulates classes of insurance, including fire insurance and homeowners insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owners information to insurers that issue homeowners insurance policies covering fire risks at the owners request. Existing law requires an insurer that issued a homeowners insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner.This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days.Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies. |
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| 30 | | - | Existing law generally regulates classes of insurance, including fire insurance and homeowners insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owners information to insurers that issue homeowners insurance policies covering fire risks at the owners request. Existing law requires an insurer that issued a homeowners insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner. |
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| 32 | | - | This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days. |
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| 28 | + | Existing law generally regulates the rules governing insurance and insurance contracts. Existing law requires a policy to specify certain information, including, but not limited to, the parties between whom the contract is made, the property or life insured, and the period during which the insurance is to continue.This bill would state the intent of the Legislature to enact legislation regarding insurance policies. |
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| 46 | | - | The people of the State of California do enact as follows:SECTION 1. Section 2085 of the Insurance Code is amended 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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.SECTION 1.It is the intent of the Legislature to enact legislation regarding insurance policies. |
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| 38 | + | The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact legislation regarding insurance policies. |
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| 52 | | - | SECTION 1. Section 2085 of the Insurance Code is amended 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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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| 44 | + | SECTION 1. It is the intent of the Legislature to enact legislation regarding insurance policies. |
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| 58 | | - | 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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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| 60 | | - | 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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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| 62 | | - | 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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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 75 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 and the insurer shall not 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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| 66 | | - | 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. |
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| 68 | | - | (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 A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and no a cause of action shall not arise nor shall any and liability shall not 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. |
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| 70 | | - | (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. |
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| 72 | | - | (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). |
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| 74 | | - | (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 75 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. |
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| 76 | | - | (2) Notwithstanding paragraph (1), neither the department nor and the insurer shall not 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. |
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| 78 | | - | (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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| 82 | | - | It is the intent of the Legislature to enact legislation regarding insurance policies. |
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