Chapter recap
Government/Risk Pools for Catastrophic Events
The duty to offer earthquake coverage
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Insurers must OFFER earthquake coverage with residential property policies (§10081); buying is optional.
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No acceptance within 30 days of mailing = presumed declined; re-offer every other year (§10083).
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Three offer methods: direct, affiliated insurer, or agent/broker with a nonaffiliated insurer (§10084).
Who gets the earthquake offer, and what the minimum offer includes
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Offer applies to owned structures of up to 4 units, condo units, mobilehomes and tenants' contents (§10087).
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Minimum offer: dwelling + contents + at least $1,500 additional living expense (§10089).
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Pools and landscaping are left out of the minimum dwelling coverage.
The California Earthquake Authority (CEA)
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CEA = publicly managed, not-for-profit, privately funded; residential earthquake policies only.
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Board: Governor, Treasurer, Insurance Commissioner (§10089.7).
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Need a policy from a participating insurer, which markets and services the CEA policy (§10089.26, §10089.28).
What the CEA policy disclosure warns
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CEA policies are NOT covered by CIGA.
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If resources run short, the CEA may reduce payments or pay in installments.
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Possible surcharge: up to an additional 20% of the annual premium.
Earthquake deductibles vs. homeowners deductibles
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Earthquake deductible = % of the coverage amount, not % of the loss.
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Minimum offer: deductible no more than 15% of the dwelling coverage (§10089(b)).
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Higher deductible = lower premium, more paid out of pocket.
The California FAIR Plan: market of last resort
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FAIR Plan = market of last resort for basic property insurance (§10090).
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Membership is mandatory for licensed insurers writing basic property insurance (§10095(a)); not a state agency.
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The clearinghouse (§10095(i)) lets admitted insurers offer policies to FAIR Plan policyholders.
FAIR Plan: the two types of areas, and who may apply
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Two areas: urban (inner city) and brush fire; since Northridge (1994) the whole state is designated.
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Eligible: anyone with an insurable interest who, after diligent effort, cannot get basic property insurance (§10093(a)).
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Tenants can qualify; shopping for a lower price does not.
What basic property insurance means (§10091(c))
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Basic property insurance = direct loss at a fixed location from standard fire policy and extended coverage perils, plus vandalism and malicious mischief.
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Leaves out autos and commercial agricultural commodities or livestock; includes mobilehomes.
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No personal liability: buy it from a private insurer.
FAIR Plan perils and the DIC policy
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Outline FAIR Plan perils: fire or lightning, explosion, smoke, windstorm or hail, vehicles, vandalism/malicious mischief.
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DIC from a private insurer adds water damage, theft and liability; FAIR Plan + DIC is close to a homeowners policy.
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The FAIR Plan does not sell DIC policies.
NFIP: what counts as a flood
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Flood = general, temporary inundation of 2+ acres of normally dry land or 2+ properties.
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Mudflow counts as flood; landslide and slope failure do not.
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Homeowners policies generally exclude flood.
NFIP: eligible property, what the policy pays, and claim rules
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Only participating communities are eligible; renters can insure contents.
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No additional living expense or loss of use under the SFIP.
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Proof of loss within 60 days; suit within 1 year of written denial, in U.S. District Court.
NFIP: Emergency vs. Regular Program, limits, and mandatory purchase
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Emergency = initial phase, limited amounts; Regular = FIRM in effect, full limits.
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Single-family building: $35,000 (Emergency) / $250,000 (Regular); Regular contents up to $100,000.
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Required amount = lesser of loan balance or program maximum; force-placed after 45 days.
Selling NFIP flood insurance: who can, binding, and flood training
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Any licensed P&C agent can sell NFIP policies, through a WYO insurer or NFIP Direct.
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Agents have no binding authority; oral binders have no effect; usual 30-day wait.
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Flood training: one-time, three-hour, FEMA-approved course.