P-III.D · Government/Risk Pools for Catastrophic Events
The duty to offer earthquake coverage
Homeowners and dwelling policies exclude earthquake. California does not force anyone to buy earthquake insurance, but it does force insurers to offer it.
§10081: an insurer may not issue or deliver a policy of residential property insurance unless the named insured is offered coverage for the peril of earthquake. The law requires an offer, not a purchase, so the customer may decline. The coverage can be in the policy itself, by endorsement, or in a separate policy.
§10084 allows three ways to make the offer: - Underwrite the earthquake risk directly. - Arrange for an affiliated insurer to offer it. - Arrange it through an agent or broker under a nonaffiliated insurer's policy. In every method the insurer arranges the offer. Telling the customer to shop on her own does not count.
§10083: the required offer language says that if the offer is not accepted within 30 days of mailing, the insurer presumes it was not accepted. The insurer must then repeat the offer every other year with any continuation, renewal or reinstatement. Silence never adds coverage, and the current offer language does not call for a signed rejection.
Remember
· Insurers must OFFER earthquake coverage with residential property policies (§10081); buying is optional.
· No acceptance within 30 days of mailing = presumed declined; re-offer every other year (§10083).
· Three offer methods: direct, affiliated insurer, or agent/broker with a nonaffiliated insurer (§10084).
CA
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