California’s insurer of last resort would face more scrutiny under bill heading to Newsom’s desk

In a significant move aimed at increasing oversight of California’s fire insurance landscape, lawmakers have sent Assembly Bill 234 to Governor Gavin Newsom for approval. This bill mandates that the state’s two top legislative leaders—Senate President Pro Tem Mike McGuire and Assembly Speaker Robert Rivas—join the governing committee of the FAIR Plan, an insurer of last resort for homeowners unable to secure coverage from standard companies. However, their roles will be non-voting, raising questions about the bill’s efficacy in addressing the pressing issues within the FAIR Plan, which has seen its policy numbers surge amid increasing wildfire risks.

The FAIR Plan has grown to over 610,000 policies due to insurers withdrawing from the market. Key challenges include ongoing lawsuits from homeowners alleging denied smoke-damage claims and scrutiny from the Insurance Department for consumer-protection violations. Despite these issues, the FAIR Plan asserts it is updating its policies in accordance with state law. Critics of the bill argue that simply adding non-voting members does not equip the legislative branch with sufficient authority to effect meaningful changes within the insurer’s operations.

Additionally, two other bills have been passed to address broader operational concerns. Assembly Bill 226 aims to facilitate bond financing for the FAIR Plan to manage its claims payment obligations, which is crucial given the risk of insolvency that could lead to a larger insurance crisis in the state. Meanwhile, AB 290 requires the establishment of automatic payment options for policyholders, responding to consumer needs and simplifying the payment process.

The political significance of these developments reflects a growing urgency within California’s government to stabilize its insurance market amid escalating climate challenges. By integrating legislative oversight into an agency largely run by insurers, California may be positioning itself to enhance accountability, although the effectiveness of such measures remains to be seen. This balancing act between regulatory oversight and the operational independence of the FAIR Plan signals an evolving narrative in California’s approach to disaster preparedness and consumer protection. The outcome of this legislative initiative could have lasting implications not only for homeowners directly affected by wildfires but also for the state’s broader insurance market stability.

via calmatters.org

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