-STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

45 FREMONT STREET, 21ST FLOOR

SAN FRANCISCO, CALIFORNIA 94105

 

                                                     RH-XXX

 

CALIFORNIA CODE OF REGULATIONS, TITLE 10.

CHAPTER 5, SUBCHAPTER X

 

 

 

ADOPT ARTICLE X.X TO READ:

 

TABLE OF CONTENTS

 

 

ARTICLE X.X         ADJUSTER TRAINING FOR EVALUATING

                   EARTHQUAKE DAMAGE

 

Section  X         Authority and Purpose

 

Section  XX        Definitions

 

Section  XXX       Training Standards

 

Section  XXXX      Accreditation

 

Section  XXXX.X    Maintenance of Records

 

Section  XXXX.XX   Reporting Requirements for Untrained Adjusters

 

Section  XXXXX.XXX Forms

 

 

 

Section X     Authority and Purpose

 

These regulations are promulgated pursuant to the authority granted to the Insurance Commissioner under the provisions of Insurance Code Section 10089.3 added under SEC. 1 of Senate Bill 708, Chapter 727, Statutes of 2001. The purpose of these regulations is to set forth standards governing the training of insurance adjusters in evaluating damage caused by earthquakes.

 

Note:  Authority cited: Sec. 1 of Assembly Bill 708, Chapter 727,

Statutes of 2001.  Reference Section 10089.3 of the California Insurance Code.

 

Section XX    Definitions   

 

As used in these regulations and in Chapter 8.5(commencing with Section 10089.3) of the insurance code.

 

(a)         “Training” or “train” means to provide a course of instruction that meets the standards prescribed in this regulation for those adjusters who evaluate earthquake damage.

 

(b)         “Accreditation ” means certification that a person has received training that meets the standards set forth in this article.

 

(c)         “Insurance adjuster” is any person included in California

Insurance Code section 10089.3(b).

    

(d)         “Insurer” means an “admitted” or “nonadmitted” insurer, as defined in California Insurance Code sections 23,24,and 25, that issues or delivers a policy of insurance in this state covering the peril of earthquake.

 

Note:  Authority cited: Insurance Code Section 10089.3  Reference Sections 23,24,25 and 10089.3 of the California Insurance Code.

 

 

Section XXX   Training Standards

 

The content of the training required by Insurance Code section 10089.3 shall include, but is not limited to, the following elements:

 

(a)         The California Fair Claims Settlement Practices Regulations, Section 2695.1 et.seq.

 

(b)         Evaluating scope of loss: adjusters must be trained on how to conduct a thorough examination of the home to find all new covered earthquake damage, including when to engage an engineer or contractor to help determine a complete scope of covered damage, and inspection of the attic and crawl space. The training must inform the adjuster that the scope can change if additional hidden earthquake damage is found after the repairs start.

 

 

(c)         Loss estimating: after the scope of loss is complete and agreed to with the insured, the adjuster will generate an estimate.  This may be from an automated estimating system or from a contractor.  Lump sum estimates are not acceptable except for those items clearly above the limit of the contents coverage.  The insured is entitled to also get an estimate based upon the agreed scope.  If the insured gets his or her own estimate, the estimates should be compared and the adjuster and the insured need to come to an agreement on an estimate of the total loss.  The measurement of areas, room sizes, and other dimensions on which quantities of material and labor are based must be shown in the estimate.  A diagram should be prepared and attached to the estimate.  Adjusters should document the damages with photographs when appropriate.  The insured is entitled to receive, and must be given, a copy of the scope and estimate, except in cases where litigation is pending.

 

(d)         Determining when an engineer/expert is necessary: adjusters must be provided with training on how to look at visible damage and determine if the damage is structural or non-structural.  An adjuster can assess the damage where the causation is obvious and damage is cosmetic only (non-structural). Where the damage is structural, the adjuster is expected to enlist the services of an engineer or other appropriate expert who will be used to determine the cause of loss, the extent of damage and the appropriate repair.

 

(e)         California Department of Insurance Earthquake Mediation program: adjusters should be able to differentiate disputes that they should attempt to resolve, from those that should be referred to the CDI’s Earthquake Mediation Program.

Adjusters should be encouraged to attempt to resolve and settle disputes that generally involve questions concerning scope of damage, the proper repair method, and the actual cost of the repairs. In cases where an agreement cannot be reached, adjusters should use the CDI mediation program instead of invoking the appraisal provision of the policy.  The CDI mediation program aids in resolving issues of scope of loss, mandated building upgrades, pre-existing damage, additional living expense, asbestos abatement, earthquake vs. aftershocks, hidden damages, and personal property valuation issues. (CDI form 526, EQMED 12/99)

 

(f)         Assessing damage to concrete surfaces and foundations: adjusters should be trained to determine the difference between small cracks which exist in the concrete of most house and garage slabs versus new cracks caused by the earthquake.  Existing cracks that have developed over time, are considered normal, and generally do not impair the structural function of the concrete. The cost to repair old cracks that were in the concrete prior to the earthquake is not covered; however, new damage due to the earthquake, which may include expansions of old cracks, may be covered. The adjuster, after receiving the advice of an appropriate expert, will need to determine whether concrete needs to be replaced or whether it can be repaired with injected epoxy or other methods.  In cases where the cracks do not cause structural impairment, strong consideration should be given to a repair with properly injected epoxy, since epoxy is stronger than the original concrete.  This will be decided on a case-by-case basis and the adjuster should allow for repair or replacement, whichever is most appropriate.

    

 

(g)         Price adjusting: if after the repair work starts, the insured finds that prices are higher than estimated, the adjuster should verify that reasonable local costs are being used and if so, allow for additional payments based on the cost to have the agreed upon work completed.

 

(h)         Claims procedures for hidden damage discovered at a later date, and new claims received 1 year or later after original loss: the adjuster must be advised that in the event that the insured discovers hidden damage at a later date, the insurance company is required to fully investigate the damages before it invokes any policy provisions.

 

(i)         Timely adjusting: policyholders may not receive payment for the total amount of the damage because of earthquake policy deductible.  As a result, they may look to the Small Business Administration (SBA) for low interest loans or to the Federal Emergency Management Agency (FEMA)for grants.  The adjuster should be informed of the rules and regulations of both SBA and FEMA. In order to receive assistance, the insured will need documentation from the adjuster. Usually these agencies require a statement of loss or a denial letter.  The SBA and FEMA have submission deadlines, so the adjuster will need to provide the insureds with this documentation as quickly as possible. Adjusters must be trained on the timeline issues associated with these agencies so they will be sensitive to handling the underlying earthquake insurance claim and final paperwork on a timely basis.

 

 

Note:  Authority cited: Insurance Code Section 10089.3 The California Fair Claims Settlement Practices Regulations, Section 2695.1 et.seq

 

 

Section XXXX – Accreditation

 

Certificates shall be provided by the trainer to any student successfully completing the adjuster training, and shall contain the following information:

 

1)     full name of adjuster, and license number if applicable

2)     a statement certifying that the adjuster completed training that meets the standards set forth in these regulations

3)     signatures of both adjuster and trainer

4)     completion date of training.

 

 

Section XXXX.-X    Maintenance of Records

 

(a) Insurer’s offering adjuster training must maintain records of all adjusters completing the program, for a period of___years.  This list must contain the following information:

 

1)     name of adjuster and license number if applicable

2)     date training completed.

 

 

Note: Authority cited: Insurance Code Section 10089.3

 

Section XXXX.XX – Reporting Requirements for Untrained Adjusters

 

a)     An insurer using one or more adjusters who are not trained and accredited in accordance with the standards set forth in this section shall comply with the following requirements:

 

(1)         annually submit a list of those adjusters who have not completed the training, including the name, license number, and claim number of the claim adjusted by that adjuster

 

(2)         each submission must be submitted to the department within 30 calendar days from the end of the reporting period and shall cover the preceding twelve-month period. The initial reporting period begins January 1, 2026 and ends December 31, 2005.

 

 

Note: Authority cited: Insurance Code Section 10089.3