INSURANCE REGULATORY REPORT

The following regulatory information may be of interest to attorneys practicing insurance law.  This information is current as of October 19, 2022.

Wildfire Regulation

On October 14, 2022, as part of the Safer from Wildfires Framework, new Section 2644.9 of title 10 of the California Code of Regulations (Consideration of Mitigation Factors; Wildfire Risk Models) became effective.  This regulation requires insurers that use wildfire risk in rating to file new rating plans incorporating wildfire safety standards and to establish a process for releasing wildfire risk determinations to residents and businesses within 180 days.  A copy of the regulation is available here.  The CDI’s press release is available here.

Wildfire Moratorium

On September 22, 2022, The CDI issued Bulletin 2022-13, titled “Mandatory Moratorium on Cancellations and Non-Renewals of Policies of Residential Property Insurance After the Declaration of a State of Emergency” outlining the ZIP codes to which a moratorium on cancellations and nonrenewals applies under Cal. Ins. Code § 675.1 as a result of a the Fairview Fire and the Mosquito Fire.  Bulletin 2022-14, issued on September 26, 2022 has the same title and content with respect to the Mountain Fire, the Barnes Fire, and the Fork Fire.  As a reminder, Cal. Ins. Code § 675.1 provides as follows:

An insurer shall not cancel or refuse to renew a policy of residential property insurance for a property located in any ZIP Code within or adjacent to the fire perimeter, for one year after the declaration of a state of emergency as defined in Section 8558 of the Government Code, based solely on the fact that the insured structure is located in an area in which a wildfire has occurred. This prohibition applies to all policies of residential property insurance in effect at the time of the declared emergency.

Insurers should note the affected ZIP codes to ensure compliance.

Export List Pre-Hearing Notice

On September 22, 2022, the CDI published its annual “REQUEST FOR PROPOSED ADDITIONS, MODIFICATIONS OR DELETIONS TO THE EXPORT LIST” requesting comments suggesting additions, deletions, or other modifications to the export list in advance of the scheduling of a hearing in the next few months.  The export list is a list of coverages determined to be suitable for placement in the surplus lines market without a diligent search because 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.

This e-Bulletin was prepared by Nicole Zayac, Counsel in the San Francisco office of Willkie Farr & Gallagher LLP (nzayac@willkie.com). 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.