ab2022, page 6 @ Preflight ( Untitled )

Assembly Bill No. 2022

Passed the Assembly May 20, 2010

Chief Clerk of the Assembly

Passed the Senate August 20, 2010

Secretary of the Senate

This bill was received by the Governor this day

of , 2010, at o’clock m.

Private Secretary of the Governor

CHAPTER

An act to amend, repeal, and add Sections 10102 and 10103.5of the Insurance Code, relating to property insurance.

legislative counsel’s digest

AB 2022, Gaines. Property insurance: residential disclosure.Existing law requires that residential property insurance policies

do not become effective unless the named insured is provided witha copy of the California Residential Property Insurance Disclosurewhich sets forth a description of types of coverage, such as actualcash value coverage, guaranteed replacement cost coverage, andrelated coverage, as specified. Existing law also requires everyCalifornia Residential Property Insurance Disclosure beaccompanied by a California Residential Property Insurance Billof Rights.

This bill would, on July 1, 2011, revise the mandatory languageof the California Residential Property Insurance Disclosure tosimplify and rearrange the description of types of coverage, andto include additional information concerning insurance limits. Itwould also revise and simplify the California Residential PropertyInsurance Bill of Rights.

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

SECTION 1. Section 10102 of the Insurance Code is amendedto read:

10102. (a) The disclosure required by Section 10101 shall bein no less than 10-point typeface and shall be provided prior to orconcurrent with, the application for a policy of residential propertyinsurance. In the event that an application is made by telephone,an insurer that mails a copy of the disclosure within three businessdays shall be in compliance with this section. For policies issuedon or after July 1, 1993, the agent or insurer shall obtain theapplicant’s signature acknowledging receipt of the disclosure formwithin 60 days of the date of the application. When the insurer oragent establishes delivery of the disclosure form by obtaining thesignature of the applicant or insured, or when an insurer or agent

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provides the applicant with the disclosure form and the applicantdoes not return a signed acknowledgment of receipt within 60 daysof the date it was provided, there shall be a conclusive presumptionthat the insurer or agent has complied with the disclosurerequirement of this chapter. The insurer or agent shall have theburden of demonstrating in accordance with California Rules ofEvidence that the disclosure was provided to the applicant orinsured. A signature shall not be required at the time of renewal.

If the disclosure is mailed to the named insured or applicant, itshall be mailed to the mailing address shown on the policy ofresidential property insurance or to the address requested by theapplicant. First-class mail shall be deemed adequate for proof ofmailing. The insurer shall have the burden of demonstrating inaccordance with California Rules of Evidence that the disclosurewas mailed to the applicant or insured.

The disclosure shall contain the following language:

CALIFORNIA RESIDENTIAL PROPERTY INSURANCEDISCLOSURE

This disclosure is required by California law (Section 10102 ofthe Insurance Code). It describes the principal forms of insurancecoverage in California for residential dwellings. It also identifiesthe form of dwelling coverage you have purchased or selected.

This disclosure form contains only a general description ofcoverages and is not part of your residential property insurancepolicy. Only the specific provisions of your policy will determinewhether a particular loss is covered and, if so, the amount payable.Regardless of which type of coverage you purchase, your policymay exclude or limit certain risks.

READ YOUR POLICY CAREFULLY. If you do not understandany part of it or have questions about what it covers, contact yourinsurance agent or company. You may also call the CaliforniaDepartment of Insurance consumer information line at:1-800-927-4357.

The cost to rebuild your home may be very different from themarket value of your home since reconstruction is based primarilyon the cost of labor and materials. Many factors can affect the costto rebuild your home, including the size of your home, the type ofconstruction, and any unique features. Please review the following

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coverages carefully. If you have questions regarding the level ofcoverage in your policy, please contact your insurance agent orcompany. Additional coverage may be available for an additionalpremium.

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FORMS OF COVERAGE FOR DWELLINGSDwellingCoverage

selected orpurchased

GUARANTEED REPLACEMENT COST COVERAGE WITH FULL BUILDINGCODE UPGRADE PAYS REPLACEMENT COSTS WITHOUT REGARD TOPOLICY LIMITS, AND INCLUDES COSTS RESULTING FROM CODE CHANGES.

In the event of any covered loss to your home, the insurance company will pay the fullamount needed to repair or replace the damaged or destroyed dwelling with like orequivalent construction regardless of policy limits. Your policy will specify whetheryou must actually repair or replace the damaged or destroyed dwelling in order torecover guaranteed replacement cost. The amount of recovery will be reduced by anydeductible you have agreed to pay.

This coverage includes all additional costs of repairing or replacing your damaged ordestroyed dwelling to comply with any new building standards (such as building codesor zoning laws) required by government agencies and in effect at the time of rebuilding.

To be eligible to recover full guaranteed replacement costs with building code upgrade,you must insure the dwelling to its full replacement cost at the time the policy is issued,with possible periodic increases in the amount of coverage to adjust for inflation andincreases in building costs; you must permit inspections of the dwelling by the insurancecompany; and you must notify the insurance company about any alterations that increasethe value of the insured dwelling by a certain amount (see your policy for that amount).

GUARANTEED REPLACEMENT COST COVERAGE WITH LIMITED OR NOBUILDING CODE UPGRADE PAYS REPLACEMENT COSTS WITHOUTREGARD TO POLICY LIMITS BUT LIMITS OR EXCLUDES COSTS RESULTINGFROM CODE CHANGES.

In the event of any covered loss to your home, the insurance company will pay the fullamount needed to repair or replace the damaged or destroyed dwelling with like orequivalent construction regardless of policy limits. Your policy will specify whetheryou must actually repair or replace the damaged or destroyed dwelling in order torecover guaranteed replacement cost. The amount of recovery will be reduced by anydeductible you have agreed to pay.

This coverage does not include all additional costs of repairing or replacing yourdamaged or destroyed dwelling to comply with any new building standards (such asbuilding codes or zoning laws) required by government agencies and in effect at thetime of rebuilding. Consult your policy for the applicable exclusions or limits withrespect to these costs.

To be eligible to recover full guaranteed replacement cost with limited or no buildingcode upgrade, you must insure the dwelling to its full replacement cost at the time thepolicy is issued, with possible periodic increases in the amount of coverage to adjustfor inflation and increases in building costs; you must permit an inspection of thedwelling by the insurance company; and you must notify the insurance company aboutany alterations that increase the value of the insured dwelling by a certain amount (seeyour policy for that amount).

LIMITED REPLACEMENT COST COVERAGE WITH AN ADDITIONALPERCENTAGE PAYS REPLACEMENT COSTS UP TO A SPECIFIED AMOUNTABOVE THE POLICY LIMIT.

In the event of any covered loss to your home, the insurance company will pay torepair or replace the damaged or destroyed dwelling with like or equivalentconstruction up to a specified percentage over the policy’s limits. See the

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FORMS OF COVERAGE FOR DWELLINGSDwellingCoverage

selected orpurchased

declarations page of your policy for the limit that applies to your dwelling. Yourpolicy will specify whether you must actually repair or replace the damaged ordestroyed dwelling in order to recover this benefit. The amount of recovery willbe reduced by any deductible you have agreed to pay.

To be eligible for this coverage, you must insure the dwelling to its full replacementcost at the time the policy is issued, with possible periodic increases in the amountof coverage to adjust for inflation; you must permit an inspection of the dwellingby the insurance company; and you must notify the insurance company about anyalterations that increase the value of the insured dwelling by a certain amount (seeyour policy for that amount). Read your declaration page to determine whetheryour policy includes coverage for building code upgrades.

LIMITED REPLACEMENT COST COVERAGE WITH NO ADDITIONALPERCENTAGE PAYS REPLACEMENT COSTS UP TO POLICY LIMITS ONLY.

In the event of any covered loss to your home, the insurance company will pay torepair or replace the damaged or destroyed dwelling with like or equivalentconstruction only up to the policy’s limit. See the declarations page of your policyfor the limit that applies to your dwelling. Your policy will specify whether youmust actually repair or replace the damaged or destroyed dwelling in order torecover this benefit. The amount of recovery will be reduced by any deductibleyou have agreed to pay. To be eligible to recover this benefit, you must insure thedwelling to [company shall denote percentage] [ ] percent of its replacement costat the time of loss. Read your declaration page to determine whether your policyincludes coverage for building code upgrades.

ACTUAL CASH VALUE COVERAGE PAYS THE FAIR MARKET VALUE OFTHE DWELLING AT THE TIME OF THE LOSS, OR THE COST TO REPAIR,REBUILD, OR REPLACE THE DAMAGED OR DESTROYED DWELLINGWITH LIKE KIND AND QUALITY CONSTRUCTION, UP TO THE POLICYLIMIT.

In the event of any covered loss to your home, the insurance company will payeither the fair market value of the damaged or destroyed dwelling (excluding thevalue of land) at the time of the loss or the cost to repair, rebuild, or replace thedamaged or destroyed dwelling with like kind and quality construction up to thepolicy limit, with possible consideration of physical depreciation. The amount ofrecovery will be reduced by any deductible you have agreed to pay. Read yourdeclaration page to determine whether your policy includes coverage for buildingcode upgrades.

BUILDING CODE UPGRADE—ORDINANCE AND LAW COVERAGE PAYS, UPTO LIMITS SPECIFIED IN YOUR POLICY, ADDITIONAL COSTS REQUIREDTO BRING THE DWELLING “UP TO CODE.”

In the event of any covered loss, the insurance company will pay any additionalcosts, up to the stated limits, of repairing or replacing a damaged or destroyeddwelling to conform with any building standards such as building codes or zoninglaws required by government agencies and in effect at the time of the loss orrebuilding (see your policy).

(b) The agent or insurer shall indicate on the disclosure formwhich category of coverage the applicant or insured has selectedor purchased.

(c) The disclosure statement may contain additional provisionsnot in conflict with or in derogation of the foregoing.

(d) Following the issuance of the policy of residential propertyinsurance, the insurer shall provide the disclosure statement to theinsured on an every-other-year basis at the time of renewal. Thedisclosure required by this section may be transmitted with thematerial required by Section 10086.1.

(e) No policy of residential property insurance may be initiallyissued on and after January 1, 1993, as guaranteed replacementcost coverage if it contains any maximum limitation of coveragebased on any set dollar limits, percentage amounts, constructioncost limits, indexing, or any other preset maximum limitation forcovered damage to the insured dwelling. The limitations referredto in this section are solely applicable to dwelling structurecoverages. Endorsements covering additional risks to the insurer’sdwelling structure coverage may have internal limits as long asthose endorsements are not called guaranteed replacement costcoverage.

(f) On and after July 1, 1993, no policy of residential propertyinsurance may be renewed as guaranteed replacement cost coverageif it contains any maximum limitation of coverage based on anyset dollar limits, percentage amounts, construction cost limits,indexing, or any other preset maximum limitation for covereddamage to the insured dwelling. The limitations referred to in thissection are solely applicable to dwelling structure coverages.Endorsements covering additional risks to the insurer’s dwellingstructure coverage may have internal limits as long as thoseendorsements are not called guaranteed replacement cost coverage.

(g) Coverage provided for building code upgrades by a policyof residential property insurance shall be applicable to buildingcodes, ordinances, standards, or laws only to the extent that thosecodes, ordinances, standards, or laws do not impose stricterstandards on the property on the basis of the level of insurancecoverage applicable to the property.

(h) The disclosure required by Section 10101 shall also beprovided to the mortgagor in the event that a policy is forced placedby an insurer at the request of a mortgagee. In such cases, neither

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the insurer nor the mortgagee shall be required to obtain a signaturefrom the mortgagor. No disclosure shall be required to be providedwith respect to blanket policies issued to a mortgagee, and designedto provide interim coverage for losses occurring prior to themortgagee obtaining knowledge of the lapse of the policy and priorto placement of a policy on behalf of the mortgagor.

(i) On and after July 1, 1994, insurers shall add to the disclosure,in no less than 10-point type the following statement:

This disclosure form does not explain the types of contentscoverage (furniture, clothing, etc.) provided by your policy. Somepolicies do not replace contents with new items, but instead, onlypay for the current market value of an item. If you have anyquestions, contact your insurer or agent.

(j) No later than December 1, 2005, the commissioner shallreport to the Governor and the Legislature on the status of theissues regarding residential property insurance and the effectivenessof the California Residential Property Insurance Disclosure.

(k) This section shall remain in effect only until July 1, 2011,and as of that date is repealed, unless a later enacted statute, thatis enacted before July 1, 2011, deletes or extends that date.

SEC. 2. Section 10102 is added to the Insurance Code, to read:10102. (a) The disclosure required by Section 10101 shall be

in no less than 10-point typeface and shall be provided prior to orconcurrent with, the application for a policy of residential propertyinsurance. In the event that an application is made by telephone,an insurer that mails a copy of the disclosure within three businessdays shall be in compliance with this section. For policies issuedon or after July 1, 1993, the agent or insurer shall obtain theapplicant’s signature acknowledging receipt of the disclosure formwithin 60 days of the date of the application. When the insurer oragent establishes delivery of the disclosure form by obtaining thesignature of the applicant or insured, or when an insurer or agentprovides the applicant with the disclosure form and the applicantdoes not return a signed acknowledgment of receipt within 60 daysof the date it was provided, there shall be a conclusive presumptionthat the insurer or agent has complied with the disclosurerequirement of this chapter. The insurer or agent shall have theburden of demonstrating in accordance with California Rules ofEvidence that the disclosure was provided to the applicant orinsured. A signature shall not be required at the time of renewal.

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If the disclosure is mailed to the named insured or applicant, itshall be mailed to the mailing address shown on the policy ofresidential property insurance or to the address requested by theapplicant. First-class mail shall be deemed adequate for proof ofmailing. The insurer shall have the burden of demonstrating inaccordance with California Rules of Evidence that the disclosurewas mailed to the applicant or insured.

The disclosure shall contain the following language:

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“NOTICE TO CONSUMERS — CALIFORNIA RESIDENTIAL INSURANCE DISCLOSURE

This disclosure is required by Section 10102 of the California Insurance Code. This form provides general information related to residential property insurance and is not part of your residential property insurance policy. Only the specific provisions of your policy will determine whether a particular loss is covered and the amount payable. The information provided does not preempt existing California law.

PRIMARY FORMS OF RESIDENTIAL DWELLING COVERAGE

You have purchased the coverage(s) checked below. NOTE: Actual Cash Value Coverage is the most limited level of coverage listed. Guaranteed Replacement Cost is the broadest level of coverage.

ACTUAL CASH VALUE COVERAGE pays the costs to repair the damaged dwelling minus a deduction for physical depreciation. If the dwelling is completely destroyed, this coverage pays the fair market value of the dwelling at time of loss. In either case, coverage only pays for costs up to the limits specified in your policy.

REPLACEMENT COST COVERAGE is intended to provide for the cost to repair or replace the damaged or destroyed dwelling, without a deduction for physical depreciation. Many policies pay only the dwelling's actual cash value until the insured has actually begun or completed repairs or reconstruction on the dwelling. Coverage only pays for replacement costs up to the limits specified in your policy.

EXTENDED REPLACEMENT COST COVERAGE is intended to provide for the cost to repair or replace the damaged or destroyed dwelling without a deduction for physical depreciation. Many policies pay only the dwelling's actual cash value until the insured has actually begun or completed repairs or reconstruction on the dwelling. Extended Replacement Cost provides additional coverage above the dwelling limits up to a stated percentage or specific dollar amount. See your policy for the additional coverage that applies.

GUARANTEED REPLACEMENT COST COVERAGE covers the full cost to repair or replace the damaged or destroyed dwelling for a covered peril regardless of the dwelling limits shown on the policy declarations page.

BUILDING CODE UPGRADE COVERAGE, also called Ordinance and Law coverage, is an important option that covers additional costs to repair or replace a dwelling to comply with the building codes and zoning laws in effect at the time of loss or rebuilding. These costs may otherwise be excluded by your policy. Meeting current building code requirements can add significant costs to rebuilding your home. Refer to your policy or endorsement for the specific coverage provided and coverage limits that apply.

READ YOUR POLICY AND POLICY DECLARATIONS PAGE CAREFULLY: The policy declarations page shows the specific coverage limits you have purchased for your dwelling, personal property, separate structures such as detached garages, and additional living expenses. The actual policy and endorsements provide the details on extensions of coverage, limitations of coverage, and coverage conditions and exclusions. The amount of any claim payment made to you will be reduced by any applicable deductibles shown on your policy declarations page. It is important to take the time to consider whether the limits and limitations of your policy meet your needs. Contact your agent, broker, or insurance company if you have questions about what is covered or if you want to discuss your coverage options.

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INFORMATION YOU SHOULD KNOW ABOUT RESIDENTIAL DWELLING INSURANCE

AVOID BEING UNDERINSURED: Insuring your home for less than its replacement cost may result in your having to pay thousands of dollars out of your own pocket to rebuild your home if it is completely destroyed. Contact your agent, broker, or insurance company immediately if you believe your policy limits may be inadequate.

THE RESIDENTIAL DWELLING COVERAGE LIMIT: The coverage limit on the dwelling structure should be high enough so you can rebuild your home if it is completely destroyed. Please note:

▪ The cost to rebuild your home is almost always different from the market value. ▪ Dwelling coverage limits do not cover the value of your land. ▪ The estimate to rebuild your home should be based on construction costs in your area and should be adjusted to account for the features of your home. These features include but are not limited to the square footage, type of foundation, number of stories, and the quality of the materials used for items such as flooring, countertops, windows, cabinetry, lighting and plumbing. ▪ The cost to rebuild your home should be adjusted each year to account for inflation. Coverage limits for contents, separate structures, additional living expenses and ▪debris removal are usually based on a percentage of the limit for the dwelling. If your dwelling limit is too low, these coverage limits may also be too low.

You are encouraged to obtain a current estimate of the cost to rebuild your home from your insurance agent, broker, or insurance company or an independent appraisal from a local contractor, architect, or real estate appraiser. If you do obtain an estimate of replacement value, and wish to change your policy limits, contact your insurance company. While not a guarantee, a current estimate can help protect you against being underinsured.

DEMAND SURGE: After a widespread disaster, the cost of construction can increase dramatically as a result of the unusually high demand for contractors, building supplies and construction labor. This effect is known as demand surge. Demand surge can increase the cost of rebuilding your home. Consider increasing your coverage limits or purchasing Extended Replacement Cost coverage to prepare for this possibility.

CHANGES TO PROPERTY: Changes to your property may increase its replacement cost. These changes may include the building of additions, customizing your kitchen or bathrooms, or otherwise remodeling your home. Failure to advise your insurance company of any significant changes to your property may result in your home being underinsured.

EXCLUSIONS: Not all causes of damage are covered by common homeowners or residential fire policies. You need to read your policy to see what causes of loss or perils are not covered. Coverage for landslide is typically excluded. Some excluded perils such as earthquake or flood can be purchased as an endorsement to your policy or as a separate policy. Contact your agent, broker, or insurance company if you have a concern about any of the exclusions in your policy.

CONTENTS (PERSONAL PROPERTY) COVERAGE DISCLOSURE: This disclosure form does not explain the types of contents coverage provided by your policy for items such as your furniture or clothing. Contents may be covered on either an actual cash value or replacement cost basis depending on the contract. Almost all policies include specific dollar limitations on certain property that is particularly valuable, such as jewelry, art, or silverware. Contact your agent, broker or insurance company if you have any questions about your contents coverage. You should create a list of all personal property in and around your home. Pictures and video recordings also help you document your property. The list, photos, and video should be stored away from your home.

CONSUMER ASSISTANCE If you have any concerns or questions, contact your agent, broker, or insurance company. You are also encouraged to contact the California Department of Insurance consumer information line at (800) 927-HELP (4357) or at www.insurance.ca.gov for free insurance assistance.”

(b) The agent or insurer shall indicate on the disclosure formwhich coverages the applicant or insured has selected or purchased.

(c) The disclosure statement may contain additional provisionsnot conflicting with, annulling, or detracting from the foregoing.

(d) Following the issuance of the policy of residential propertyinsurance, the insurer shall provide the disclosure statement to theinsured on an every-other-year basis at the time of renewal. Thedisclosure required by this section may be transmitted with thematerial required by Section 10086.1.

(e) No policy of residential property insurance may be initiallyissued on and after January 1, 1993, as guaranteed replacementcost coverage if it contains any maximum limitation of coveragebased on any set dollar limits, percentage amounts, constructioncost limits, indexing, or any other preset maximum limitation forcovered damage to the insured dwelling. The limitations referredto in this section are solely applicable to dwelling structurecoverages. Endorsements covering additional risks to the insurer’sdwelling structure coverage may have internal limits as long asthose endorsements are not called guaranteed replacement costcoverage.

(f) On and after July 1, 1993, no policy of residential propertyinsurance may be renewed as guaranteed replacement cost coverageif it contains any maximum limitation of coverage based on anyset dollar limits, percentage amounts, construction cost limits,indexing, or any other preset maximum limitation for covereddamage to the insured dwelling. The limitations referred to in thissection are solely applicable to dwelling structure coverages.Endorsements covering additional risks to the insurer’s dwellingstructure coverage may have internal limits as long as thoseendorsements are not called guaranteed replacement cost coverage.

(g) Coverage provided for building code upgrades by a policyof residential property insurance shall be applicable to buildingcodes, ordinances, standards, or laws only to the extent that thosecodes, ordinances, standards, or laws do not impose stricterstandards on the property on the basis of the level of insurancecoverage applicable to the property.

(h) The disclosure required by Section 10101 shall also beprovided to the mortgagor in the event that a policy is forced placedby an insurer at the request of a mortgagee. In those cases, neitherthe insurer nor the mortgagee shall be required to obtain a signature

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from the mortgagor. No disclosure shall be required to be providedwith respect to blanket policies issued to a mortgagee, and designedto provide interim coverage for losses occurring prior to themortgagee obtaining knowledge of the lapse of the policy and priorto placement of a policy on behalf of the mortgagor.

(i) This section shall become operative on July 1, 2011.SEC. 3. Section 10103.5 of the Insurance Code is amended to

read:10103.5. (a) Every California Residential Property Insurance

Disclosure shall be accompanied by a California ResidentialProperty Insurance Bill of Rights. If the insurer provides theinsured with an electronic copy of a policy, the bill of rights mayalso be transmitted electronically.

(b) The California Residential Property Insurance Bill of Rightsshall be plainly printed in no less than 10-point type. The bill ofrights shall contain the following:

“California Residential Property Insurance Bill of Rights

The largest single investment most consumers make is their homeand related property. In order to best protect these assets, it is wisefor consumers to understand the homeowner’s insurance market.Consumers should consider the following:

Read your policy carefully and understand the coverage andlimits provided. Homeowner’s insurance policies containsublimits for various coverages such as personal property,debris removal, additional living expense, detached fences,garages, etc. Keep accurate records of renovations and improvements tothe structure of your home, as it could affect your need toincrease your coverage. Maintaining a list of all personal property, pictures, andvideo equipment may help in the case of a loss. The list shouldbe stored away from your home. Comparison shop for insurance, as not all policies are thesame and coverage and prices vary. Take time to determine the cost to rebuild or replace yourproperty in today’s market. You can seek an independentevaluation of this cost.

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You may select a licensed contractor or vendor to repair,replace, or rebuild damaged property covered by the insurancepolicy. An agent or insurance company may help you establishpolicy limits that are adequate to rebuild your home. Once the policy is in force, contact your agent or insurancecompany immediately if you believe your policy limits maybe inadequate.

A consumer is entitled to receive information regardinghomeowner’s insurance. The following is a limited overview ofinformation that your insurance company can provide:

The California Residential Property Insurance Disclosure. An explanation of how your policy limits were established. The insurance company’s customer service telephone numberfor underwriting, rating, and claims inquiries. An explanation for any cancellation or nonrenewal of yourpolicy. A copy of your policy. The toll-free telephone number and Internet address forreporting complaints and concerns about homeowner’sinsurance issues to the department’s consumer services unit. In the event of a claim, an itemized, written scope of lossreport prepared by the insurer or its adjuster within areasonable time period. In the event of a claim, notification of a consumer’s rightswith respect to the appraisal process for resolving claimsdisputes. In the event of a claim, a copy of the Unfair Practices Actand a copy of the Fair Claims Practices Regulations.

The information provided herein is not all inclusive and does notnegate or preempt existing California law. If you have any concernsor questions, the officers at our Consumer Hotline are there to helpyou. Please call them at 1-800-927-HELP (4357) or contact us atwww.insurance.ca.gov.”

(c) (1) The bill of rights shall be distributed by all insurerslicensed to sell residential property insurance in this state.

(2) (A) If the insurer under a personal lines residential propertyinsurance policy reports claims history or loss experience ofinsureds under those policies to an insurance-support organization,

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the insurer shall include the following disclosure in the CaliforniaResidential Property Insurance Bill of Rights:

“This insurer reports claim information to one or more claimsinformation databases. The claim information is used to furnishloss history reports to insurers. If you are interested in obtaininga report from a claims information database, you may do so bycontacting:

(Insert the name, toll-free telephone number, and, if applicable,Internet Web site address of each claims information database towhich the insurer reports the information covered by this section)”

(B) This paragraph shall become operative on July 1, 2006.(d) This section shall remain in effect only until July 1, 2011,

and as of that date is repealed, unless a later enacted statute, thatis enacted before July 1, 2011, deletes or extends that date.

SEC. 4. Section 10103.5 is added to the Insurance Code, toread:

10103.5. (a) Every California Residential Property InsuranceDisclosure shall be accompanied by a California ResidentialProperty Insurance Bill of Rights. If the insurer provides theinsured with an electronic copy of a policy, the bill of rights mayalso be transmitted electronically.

(b) The California Residential Property Insurance Bill of Rightsshall be plainly prepared in no less than 10-point type. The Bill ofRights shall contain the following:

“California Residential Property Insurance Bill of Rights

A consumer is entitled to receive information regarding homeowner’s insurance.

The following is a limited overview of information that your insurance company

can provide:

• The insurance company’s customer service telephone number for

underwriting, rating, and claims inquiries.

• A written explanation for any cancellation or nonrenewal of your policy.

• A copy of the insurance policy.

• An explanation of how your policy limits were established.

• In the event of a claim, an itemized, written scope of loss report prepared

by the insurer or its adjuster within a reasonable time period.

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• In the event of a claim, a copy of the Unfair Practices Act and, if requested,

a copy of the Fair Claims Settlement Practices Regulations.

• In the event of a claim, notification of a consumer’s rights with respect to

the appraisal process for resolving claims disputes.

• An offer of coverage and premium quote for earthquake coverage, if eligible.

A consumer is also entitled to select a licensed contractor or vendor to repair,

replace, or rebuild damaged property covered by the insurance policy.

The information provided herein is not all inclusive and does not negate or

preempt existing California law. If you have any concerns or questions, contact

your agent, broker, insurance company, or the California Department of

Insurance consumer information line at (800) 927-HELP (4357) or at

www.insurance.ca.gov for free insurance assistance.”

(c) (1) The bill of rights shall be distributed by all insurerslicensed to sell residential property insurance in this state.

(2) If the insurer under a personal lines residential propertyinsurance policy reports claims history or loss experience ofinsureds under those policies to an insurance-support organization,the insurer shall include the following disclosure in the CaliforniaResidential Property Insurance Bill of Rights:

“This insurer reports claim information to one or more claimsinformation databases. The claim information is used to furnishloss history reports to insurers. If you are interested in obtaininga report from a claims information database, you may do so bycontacting:

(Insert the name, toll-free telephone number, and, if applicable,Internet Web site address of each claims information database towhich the insurer reports the information covered by this section)”

(d) This section shall become operative on July 1, 2011.

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Approved , 2010

Governor