Business Law

CLA Regulatory Report August 2023

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The following regulatory information may be of interest to attorneys practicing insurance law.  This information is current as of August 22, 2023.  

Export List

On August 14, 2023, the CDI issued a Notice of Export List Public Hearing setting the hearing date at 10:00 a.m. on September 14, 2023.  The Export Lists identifies types of coverage or risk that can be placed on a surplus line basis without a diligent search of the admitted market because the Commissioner has determined that there is not a reasonable or adequate market among admitted insurers or that the type of coverage is for new, innovative products for which a reasonable or adequate market among admitted insurers has not had time to develop.  Interested parties can submit written testimony or participate in the hearing by telephone or videoconference.  Based on suggestions made in response to the pre-hearing notice, the following coverages may be considered as additions:

  1. Animal Liability – Personal
  2. Bail Enforcement
  3. Cannabidiol (CBD) and Cannabis Operations
  4. Cyber Liability
  5. First-Dollar, Economic Loss Parametric Earthquake Gap Coverage, with Proof of Loss (no physical damage requirement)
  6. Herbicide and Pesticide Applicators
  7. Private, Primary, Residential Flood Insurance

This e-Bulletin was prepared by Nicole Zayac, Counsel in the San Francisco office of Willkie Farr & Gallagher LLP ( Ms. Zayac is a member of the Executive Committee of the California Lawyers Association Business Law Section and is the current Liaison to and past Chair of the Insurance Law Standing Committee.

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