THIS WEEK IN SACRAMENTO

Prepared by Norwood & Mattoch

April 30, 2026

 

 

Homeowners Insurance Becoming Big Issue in Legislature

 

Now that workers’ compensation has been resolved, homeowners insurance is stepping to the forefront as the next issue to be tackled by the California Legislature. 

 

In February of this year, Insurance Commissioner John Garamendi praised California insurers for their quick action and effective processing of claims in the wake of last year’s Southern California wildfires and stated that there were relatively few complaints filed against carriers.  The Department of Insurance reported that they had received 123 complaints involving more than 3,700 homes totally lost in the fires at the end of January.  This rate of 3% was considerably less than the Oakland fires in 1991.   

 

However, an increase in consumer outcry and the beginning of a trend of homeowners filing lawsuits against their insurance companies claiming that carriers misled them on coverage has prompted Garamendi to change his tune.  Garamendi has gone into attack mode and has accused the state’s largest insurers, State Farm, Allstate and Farmers, of “screwing their customers big-time.”  These accusations were a result of three town-hall meeting Garamendi held in Southern California this last week at which Garamendi met with wildfire victims.  

 

In response, Garamendi has launched a “strike force” to investigate accusations that insurers are breaking the Unfair Practices Act, which regulates how insurance companies settle claims.  The “strike force,” which will perform audits of company records that show patterns of questionable practices, will be composed of attorneys and consumer advocates.  

 

In addition, Garamendi announced proposed legislation that he said came out of the town hall meetings.  The proposal, which does not yet have an author, would force insurance companies to go into mediation with customers who dispute their settlements.  Under the proposal, the result would not be binding on either side. 

 

Garamendi also touted four Department of Insurance sponsored bills, which he dubbed the “Homeowners Bill of Rights.”  Garamendi called on Governor Schwarzenegger and the Legislature to support the package of bills.  The package includes the following bills:

 

AB 2199 (Kehoe) would set minimum allowable periods for rebuilding after fires.  The time limit would be 24 months after a declared state of emergency and 12 months after a normal house fire. 

 

AB 2962 (Pavley) would prohibit insurance companies from subtracting labor costs from payouts to replace property.  In addition, the bill would set a uniform measurement for the actual cash value of property. 

 

SB 1474 (Escutia) would prohibit an insurer from refusing to issue or renew a homeowners' insurance policy on the basis of claims made by the applicant or insured, unless the applicant has made 3 or more claims within the preceding 3-year period.

 

SB 1855 (Alpert) would require insurance companies to provide price quotes for different types of homeowners insurance policies at the time of purchase and renewal.  In addition, the bill would require insurers to explain how they determined the policy limits and to allow customers to increase or lower limits if they get new or different estimates for replacement costs.  

 

The Department of Insurance and industry representatives, including those from the Insurance Agents and Brokers Legislative Council, The First American Corporation, Nationwide Insurance Company and Liberty Mutual, are currently discussing possible amendments to AB 2962 and SB 1855.  Industry representatives participated in a conference call with the Department this week and it appears as though AB 2962 is non-negotiable and will be strongly opposed, while SB 1855 may be amended to be acceptable to both the Insurance Commissioner and the industry.  The Department has also proposed amendments to AB 2199 and the bill, as currently drafted, address most of the concerns raised by the industry.  All four of the bills are scheduled to be heard in either the Assembly or Senate Insurance Committee next week. 

 

The Senate Insurance Committee heard and passed SB 1315 (Ortiz) this week.  SB 1315 would require that insurers seeking to make a change to the standard fire insurance policy form must file a copy of the form with the Insurance Commissioner. The bill would also grant the commissioner the authority to disapprove the form.  Chairwoman Jackie Speier raised several concerns regarding the bill and suggested that the bill be amended simply to require a “file and use” system on forms.  Senator Ortiz stated that she would have her staff work on amendments to incorporate that type of system.  Another member of the committee, Senator Jack Scott, also raised concerns regarding the bill and stated that, although he voted for the bill in committee, he would not vote for the bill on the Senate Floor unless it was tightened up. 

 

The Assembly and Senate Insurance Committees will hear the Insurance Commissioner’s “Homeowners Bill of Rights” package and the other homeowners insurance bills next week. 

 

In addition to the aforementioned bills, the following homeowners insurance measures will be heard in the Assembly Insurance Committee on May 5, 2026:

 

AB 2399 (Liu) would prohibit an insurer from refusing to issue or renew a homeowners' policy based upon the breed of dog owned by the applicant or insured.  The bill would allow an insurer to consider a breed of dog when setting rates for a homeowners' policy if the rate charged is supported by actuarial data regarding the risk of loss posed by the particular breed, but would require that a specified discount be granted if the dog has passed the test for the American Kennel Club Canine Good Citizen certification.

 

AB 2444 (Dutton) would require the California FAIR Plan Association to provide an annual report to the Legislature on policies in force and probable maximum losses in very high fire hazard severity zones.

 

The Senate Insurance Committee is also meeting on May 5, 2026. In addition to the 3 aforementioned Senate homeowners insurance bills, the committee will hear the following bills:

 

SB 1321 (Ortiz) would require the Insurance Commissioner to consider whether an insurance company’s rates are excessive relative to the company’s profit margin.  In addition, the bill would mandate that a public hearing be held, for personal or commercial lines of insurance, if the proposed rate adjustment exceeds, over the course of one year, 7% for personal lines and 15% for commercial lines. 

 

SB 1323 (Ortiz) would prohibit an insurer in California from refusing to issue or renew a homeowners' policy based upon prior claims made by the applicant or insured under any homeowners' policy, unless the applicant or insured has made more than 2 of these claims in the previous 2 years.  In addition, the bill would prohibit insurers from using credit ratings, credit reports, credit scoring models, or credit information to underwrite, classify, or rate homeowners' insurance policies.  It would also prohibit an insurer from refusing to issue, or nonrenewing or canceling, a homeowners' policy based upon these types of credit information.

 

Workers’ Comp Rate Regulation Bill Heard in Senate Committee

 

Senator Deborah Ortiz presented her workers’ compensation rate regulation bill, SB 1466, to the Senate Labor and Industrial Relations Committee this week.  SB 1466 would repeal the existing rate-regulatory scheme governing workers’ compensation insurance and replace it with a reconstituted “minimum-rate” law.  Under this proposal, the Insurance Commissioner would approve as adequate all rates charged for each class of workers’ compensation insurance.  In addition, the bill would specify that during times of a declared “crisis” in the workers-compensation market the Commissioner would have the power to set all rates. 

 

Chairman Richard Alarcón, who has been a strong proponent of rate regulation, asked Senator Ortiz to sign on as a co-author to his rate regulation bill SBx4 16, which would regulate both excess and minimum rates, while SB 1466 would only apply to a minimum rate. Senator Ortiz declined the chairman’s offer and the bill remains in the committee.  Interestingly enough, Senator Alarcón’s bill SBx4 16 was put on the suspense file in the Senate Appropriations Committee.  The other rate regulation bill ABx4 16 (Levine) passed the Assembly, but has not been assigned to any committees in the Senate. 

 

 

 

 

 

WCIRB Predictions

 

The Workers’ Compensation Insurance Rating Bureau (WCIRB) held a hearing Thursday to provide a preliminary review of the workers’ compensation reform bill SB 899 (Poochigian).  The rating bureau predicted that employers can anticipate a little relief this summer from workers’ compensation rates, but the substantial reductions in the new law may not come until the middle of 2005.  The president of the WCIRB Robert Mike predicted that it will take months for the state to put together the many critical pieces in the comprehensive law.  But, the WCIRB stated that by the end of 2005 it is possible that the workers’ compensation system might only costs $14.25 billion, as measured by the benefits that insurers pay out. 

 

The WCIRB will present their forecasts to Commissioner Garamendi on May 13.  

 

New Director Appointed to Division of Workers’ Compensation

 

Governor Schwarzenegger appointed Andrea Hoch as the new Administrative Director of the Division of Workers’ Compensation.  Hoch has served in a variety of positions at the California Department of Justice and was previously the legal advisor to the Public Employment Relations Board and staff counsel to the Agricultural Labor Relations Board.  Hoch will replace Richard Gannon. 

 

Department of Insurance Launches New Website

 

The California Department of Insurance launched a new website this week for businesses to get an online comparison of the base rates for workers’ compensation insurance charged by the state’s top 50 insurance carriers.  The website, which can be found at www.insurance.ca.gov, will be updated each January and July.

 

Outsourcing Bills Moving in Senate

 

Two controversial bills addressing outsourcing were heard in Senate Committees this week.  SB 1451 (Figueroa) were heard in the Senate Judiciary Committee.  SB 1451 would make a business strictly liable for violations of California privacy laws by its out-of-state contractors and subcontractors. Specifically, the bill would require every person or entity that conducts business in California and shares the personal or confidential information of any customer with a contractor outside of California to include provisions in its contracts that: 1) require compliance with California privacy laws; 2) provide that the contractor consents to the jurisdiction of California courts; and 3) provide that all subsequent subcontracts contain the same provisions.

 

The bill was met with heavy opposition from the California Bankers Association, the California Chamber of Commerce, the California Manufacturers and Technology Association and various other financial trade associations who argued that the measure, if passed, would be preempted by the Gramm-Leach-Bliley Act (GLBA) and would overlap with last year’s Financial Privacy Act (SB 1, Chapter 241, 2003).  In addition, the opponents stated that they were strongly opposed to the provision which would make the primary contractor strictly liable for the acts of any independent contractors.  Chairwoman Martha Escutia and Senator Denise Moreno Ducheny also voiced their concern over the strict liability and, after a lengthy debate, Senator Figueroa agreed to work with the committee and attempt to tighten up the provision.  In addition, Senator Figueroa agreed to remove provisions from her bill that overlapped with the Financial Privacy Act and the GLBA.  With the Senator’s promise to address the concerns brought forth by the committee, the bill passed with a vote of 4-3. 

 

Senator Joseph Dunn presented SB 1492 in the Senate Labor and Industrial Relations Committee.  This bill, sponsored by the AFL-CIO, would prohibit any work involving information that is private or essential to homeland security from being performed at a work site outside of the United States.  Under the bill, restricted private information would include individually identifiable health, financial and tax information and confidential communication between a client and a lawyer.  The bill passed the committee with a vote of 5-3.

 

There are approximately 14 bills that have been introduced relating to outsourcing; however, due to the complexity of this issue many of the measures are still being drafted. 

 

 

“Sue Your Boss” Law Modification Measures Heard in Senate Labor Committee

 

Two bills that would modify last year’s infamous “sue your boss law” SB 796 (Dunn, Chapter 906, 2003), was heard before the Senate Labor and Industrial Relations Committee this week. SB 1861 (Ashburn), sponsored by the California Chamber of Commerce, would provide  a review mechanism that helps check frivolous lawsuits by requiring state Labor Agency review of alleged Labor Code violations before a private enforcement lawsuit may be filed.  This measure, although strongly supported by numerous employer trade organizations, failed with a vote of 3-4.  The bill was granted reconsideration; however, it will be very difficult to pass this bill out this Democratic committee.

 

Senator Dunn has also introduced a bill that would make a minor change to his bill from last year.  SB 1809 addresses an issue raised by opponents of SB 796 who asserted that it provided no discretion to reduce the penalties under the law and that insignificant or inadvertent violations could lead to astronomical penalties.  SB 1809 would remedy this issue by providing that only the Labor and Workforce Development Agency or any of its subordinate agencies or employees may recover a civil penalty for the violation of a posting or notice requirement of the Labor Code.  The bill passed out of the committee with a vote of 7-1. 

 

Court Orders Insurers to Release Records

 

The California Supreme Court ruled Monday that the state must give the public access to reports that could help determine whether the insurance industry is discriminating against individuals in low-income areas (redlining).  In a unanimous ruling the court said Commissioner Garamendi was required to release information about the policies that insurers write in different zip codes around the state.  The ruling came in a lawsuit filed against the State by State Farm Insurance Companies who argued that the information was proprietary and should be kept private.  

 

 

 

Bill Actions

 

The following bills were heard in the Assembly Appropriations Committee this week:

 

AB 2384 (Nakano): Requires that all life insurance and annuity contract forms be filed with the California Department of Insurance prior to issuance. Conforms the payment of credit life and accidental death insurance benefits to the laws regarding payment of life insurance benefits. Vote: 20-0

 

AB 2557 (Koretz): Increases civil penalties from $1,000 to $50,000 and criminal  penalties from six months in  a county jail to one year for selling insurance without a license. Requires licensees to notify the Insurance Commissioner within 30 days when certain applicant background information changes. Vote: 20-0

 

The following bill was heard in the Senate Insurance Committee:

 

SB 1500 (Speier): Requires all applicants for an original registration or the transfer of registration of an automobile to, within 15 days of the application, to submit certain financial responsibility documents, including proof of automobile insurance coverage.  Requires automobile insurers in California to report electronically to the Department of Motor Vehicles (DMV) all automobile liability insurance policies issued within 30 days of the effective date of coverage. Requires the insurers to submit electronic reports to the DMV within 45 days of a change of information, such as termination, amendments, or cancellation, previously reported.   Vote: 5-1

 

The following bills passed off the Assembly Floor this week:

 

AB 1955 (Vargas): This bill authorizes a for-profit life insurance company to be licensed as a not-for-profit company. Vote: 72-0

AB 2161 (Reyes): Expands consumer protections with regard to the sale of structured settlements, deletes the 2005 sunset on the court approval requirement, limits application of the statute to California residents and eliminates the requirement that the purchaser report to the Attorney General regarding the results of its petition for court approval. Vote: 72-0

 

AB 2490 (Maddox): Allows agents placing personal lines insurance coverage through a surplus lines broker to utilize the same procedure as is current law for commercial lines of insurance.  Vote: 80-0

 

The following bill passed the Senate Transportation Committee:

 

SB 1585 (Bowen): Makes it an infraction for an individual under 18 years of age to use a cell phone while driving. Vote: 7-4   

 

 

 

 

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