Bill Text: CA AB2735 | 2013-2014 | Regular Session | Chaptered
Bill Title: Earthquake insurance.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 427, Statutes of 2014. [AB2735 Detail]
Download: California-2013-AB2735-Chaptered.html
BILL NUMBER: AB 2735 CHAPTERED
BILL TEXT
CHAPTER 427
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 13, 2014
PASSED THE ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE AUGUST 11, 2014
AMENDED IN SENATE JUNE 30, 2014
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN ASSEMBLY MARCH 27, 2014
INTRODUCED BY Committee on Insurance (Assembly Members Perea
(Chair), Bradford, Ian Calderon, Cooley, Dababneh, Frazier, Gonzalez,
V. Manuel Pérez, and Wieckowski)
FEBRUARY 25, 2014
An act to amend Sections 10083 and 10086.1 of the Insurance Code,
relating to earthquake insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 2735, Committee on Insurance. Earthquake insurance.
Existing law provides that a policy of residential property
insurance may not be issued or delivered or, under certain
circumstances, initially renewed by an insurer unless the named
insured is offered coverage for loss or damage caused by an
earthquake. The required offer of earthquake coverage is authorized
to be made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
an offer of earthquake coverage is not accepted, insurers are
required to subsequently offer earthquake coverage to residential
policyholders on an every other year basis.
This bill would provide that if an insurer issues or causes to be
issued a policy with earthquake coverages other than the specified
coverages, but in accordance with an approved rate application, no
further or other offer of earthquake coverage meeting the coverage
and deductible requirements and no further or other notice of
noncoverage is required by the insurer if a renewal of that policy is
offered, and a written notice is provided with that renewal
regarding additional earthquake coverage that is available. The bill
would require the form of that written notice to be approved by the
Insurance Commissioner, as specified. The bill would also make
additional conforming changes.
This bill also would incorporate additional changes in Section
10083 of the Insurance Code, as amended by Section 12 of Chapter 369
of the Statutes of 2013, proposed by AB 2064, to be operative if AB
2064 and this bill are both enacted and become effective on or before
January 1, 2015, and this bill is enacted last.
This bill also would incorporate additional changes in Section
10083 of the Insurance Code, as added by Section 13 of Chapter 369 of
the Statutes of 2013, proposed by AB 2064, to be operative if AB
2064 and this bill are both enacted and become effective on or before
January 1, 2015, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10083 of the Insurance Code, as amended by
Section 12 of Chapter 369 of the Statutes of 2013, is amended to
read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application. The offer may
be made electronically pursuant to Section 38.5. The offer of
earthquake coverage shall contain the following language in at least
10-point boldface type:
YOUR POLICY DOES NOT PROVIDE COVERAGE AGAINST THE PERIL OF
EARTHQUAKE.
CALIFORNIA LAW REQUIRES THAT EARTHQUAKE COVERAGE BE OFFERED TO YOU
AT YOUR OPTION.
WARNING: THESE COVERAGES MAY DIFFER SUBSTANTIALLY FROM AND PROVIDE
LESS PROTECTION THAN THE COVERAGE PROVIDED BY YOUR HOMEOWNERS'
INSURANCE POLICY. THERE ARE EXCLUSIONS AND LIMITATIONS SUCH AS
OUTBUILDINGS, SWIMMING POOLS, MASONRY FENCES, AND MASONRY CHIMNEYS.
THIS DISCLOSURE FORM CONTAINS ONLY A GENERAL DESCRIPTION OF COVERAGES
AND IS NOT PART OF YOUR EARTHQUAKE INSURANCE POLICY. ONLY THE
SPECIFIC PROVISIONS OF YOUR POLICY WILL DETERMINE WHETHER A
PARTICULAR LOSS IS COVERED AND, IF SO, THE AMOUNT PAYABLE.
THE COVERAGE, SUBJECT TO POLICY PROVISIONS, MAY BE PURCHASED AT
ADDITIONAL COST ON THE FOLLOWING TERMS:
(A) AMOUNT OF DWELLING COVERAGE: ____
(B) APPLICABLE DEDUCTIBLE: ____ IF YOUR LOSS IS BELOW THIS AMOUNT,
YOU MAY NOT RECEIVE ANY PAYMENT FROM YOUR COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE MARKET VALUE OF YOUR COVERAGE, THE
INSURED VALUE OF YOUR COVERAGE, OR THE REPLACEMENT VALUE OF YOUR
COVERAGE.
(C) CONTENTS COVERAGE: ____
IF YOUR LOSS DOES NOT EXCEED THE DEDUCTIBLE FOR THE DWELLING, YOU
WILL NOT RECEIVE ANY PAYMENT FOR THIS COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE AMOUNT YOU RECEIVE PURSUANT TO THIS
COVERAGE.
(D) ADDITIONAL LIVING EXPENSES: ____
(E) RATE OR PREMIUM: ____
YOU MUST ASK THE COMPANY TO ADD EARTHQUAKE COVERAGE WITHIN 30 DAYS
FROM THE DATE OF MAILING OF THIS NOTICE OR IT SHALL BE CONCLUSIVELY
PRESUMED THAT YOU HAVE NOT ACCEPTED THIS OFFER.
THIS COVERAGE SHALL BE EFFECTIVE ON THE DAY YOUR ACCEPTANCE OF
THIS OFFER IS RECEIVED BY US.
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve modifications to the
language prescribed in subdivision (a) if all of the following
conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the disclosure
statement accurately reflects the coverage actually provided by the
policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement is otherwise identical to the
disclosure statement prescribed in this section.
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 1.5. Section 10083 of the Insurance Code, as amended by
Section 12 of Chapter 369 of the Statutes of 2013, is amended to
read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application. The offer may
be made electronically pursuant to Section 38.5. The offer of
earthquake coverage shall contain the following language in at least
10-point boldface type:
"YOUR POLICY DOES NOT PROVIDE COVERAGE AGAINST THE PERIL OF
EARTHQUAKE.
CALIFORNIA LAW REQUIRES THAT EARTHQUAKE COVERAGE BE OFFERED TO YOU
AT YOUR OPTION.
WARNING: THESE COVERAGES MAY DIFFER SUBSTANTIALLY FROM AND PROVIDE
LESS PROTECTION THAN THE COVERAGE PROVIDED BY YOUR HOMEOWNERS'
INSURANCE POLICY. THERE ARE EXCLUSIONS AND LIMITATIONS SUCH AS
OUTBUILDINGS, SWIMMING POOLS, MASONRY FENCES, AND MASONRY CHIMNEYS.
THIS DISCLOSURE FORM CONTAINS ONLY A GENERAL DESCRIPTION OF COVERAGES
AND IS NOT PART OF YOUR EARTHQUAKE INSURANCE POLICY. ONLY THE
SPECIFIC PROVISIONS OF YOUR POLICY WILL DETERMINE WHETHER A
PARTICULAR LOSS IS COVERED AND, IF SO, THE AMOUNT PAYABLE.
THE COVERAGE, SUBJECT TO POLICY PROVISIONS, MAY BE PURCHASED AT
ADDITIONAL COST ON THE FOLLOWING TERMS:
(A) AMOUNT OF DWELLING COVERAGE: ____
(B) APPLICABLE DEDUCTIBLE: ____ IF YOUR LOSS IS BELOW THIS AMOUNT,
YOU MAY NOT RECEIVE ANY PAYMENT FROM YOUR COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE MARKET VALUE OF YOUR COVERAGE, THE
INSURED VALUE OF YOUR COVERAGE, OR THE REPLACEMENT VALUE OF YOUR
COVERAGE.
(C) CONTENTS COVERAGE: ____
IF YOUR LOSS DOES NOT EXCEED THE DEDUCTIBLE FOR THE DWELLING, YOU
WILL NOT RECEIVE ANY PAYMENT FOR THIS COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE AMOUNT YOU RECEIVE PURSUANT TO THIS
COVERAGE.
(D) ADDITIONAL LIVING EXPENSES: ____
(E) RATE OR PREMIUM: ____
YOU MUST ASK THE COMPANY TO ADD EARTHQUAKE COVERAGE WITHIN 30 DAYS
FROM THE DATE OF MAILING OF THIS NOTICE OR IT SHALL BE CONCLUSIVELY
PRESUMED THAT YOU HAVE NOT ACCEPTED THIS OFFER.
THIS COVERAGE SHALL BE EFFECTIVE ON THE DAY YOUR ACCEPTANCE OF
THIS OFFER IS RECEIVED BY US."
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve modifications to the
language prescribed in subdivision (a) if all of the following
conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the disclosure
statement accurately reflects the coverage actually provided by the
policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement is otherwise identical to the
disclosure statement prescribed in this section.
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 10083 of the Insurance Code, as added by Section
13 of Chapter 369 of the Statutes of 2013, is amended to read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application. The offer of
earthquake coverage shall contain the following language in at least
10-point boldface type:
YOUR POLICY DOES NOT PROVIDE COVERAGE AGAINST THE PERIL OF
EARTHQUAKE.
CALIFORNIA LAW REQUIRES THAT EARTHQUAKE COVERAGE BE OFFERED TO YOU
AT YOUR OPTION.
WARNING: THESE COVERAGES MAY DIFFER SUBSTANTIALLY FROM AND PROVIDE
LESS PROTECTION THAN THE COVERAGE PROVIDED BY YOUR HOMEOWNERS'
INSURANCE POLICY. THERE ARE EXCLUSIONS AND LIMITATIONS SUCH AS
OUTBUILDINGS, SWIMMING POOLS, MASONRY FENCES, AND MASONRY CHIMNEYS.
THIS DISCLOSURE FORM CONTAINS ONLY A GENERAL DESCRIPTION OF COVERAGES
AND IS NOT PART OF YOUR EARTHQUAKE INSURANCE POLICY. ONLY THE
SPECIFIC PROVISIONS OF YOUR POLICY WILL DETERMINE WHETHER A
PARTICULAR LOSS IS COVERED AND, IF SO, THE AMOUNT PAYABLE.
THE COVERAGE, SUBJECT TO POLICY PROVISIONS, MAY BE PURCHASED AT
ADDITIONAL COST ON THE FOLLOWING TERMS:
(A) AMOUNT OF DWELLING COVERAGE: ____
(B) APPLICABLE DEDUCTIBLE: ____ IF YOUR LOSS IS BELOW THIS AMOUNT,
YOU MAY NOT RECEIVE ANY PAYMENT FROM YOUR COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE MARKET VALUE OF YOUR COVERAGE, THE
INSURED VALUE OF YOUR COVERAGE, OR THE REPLACEMENT VALUE OF YOUR
COVERAGE.
(C) CONTENTS COVERAGE: ____
IF YOUR LOSS DOES NOT EXCEED THE DEDUCTIBLE FOR THE DWELLING, YOU
WILL NOT RECEIVE ANY PAYMENT FOR THIS COVERAGE.
YOUR INSURANCE COMPANY OR AGENT WILL PROVIDE WRITTEN NOTICE AS TO
HOW THE DEDUCTIBLE APPLIES TO THE AMOUNT YOU RECEIVE PURSUANT TO THIS
COVERAGE.
(D) ADDITIONAL LIVING EXPENSES: ____
(E) RATE OR PREMIUM: ____
YOU MUST ASK THE COMPANY TO ADD EARTHQUAKE COVERAGE WITHIN 30 DAYS
FROM THE DATE OF MAILING OF THIS NOTICE OR IT SHALL BE CONCLUSIVELY
PRESUMED THAT YOU HAVE NOT ACCEPTED THIS OFFER.
THIS COVERAGE SHALL BE EFFECTIVE ON THE DAY YOUR ACCEPTANCE OF
THIS OFFER IS RECEIVED BY US.
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve modifications to the
language prescribed in subdivision (a) if all of the following
conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the disclosure
statement accurately reflects the coverage actually provided by the
policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement is otherwise identical to the
disclosure statement prescribed in this section.
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall become operative on January 1, 2019.
SEC. 2.5. Section 10083 of the Insurance Code, as added by Section
13 of Chapter 369 of the Statutes of 2013, is amended to read:
10083. (a) The offer of coverage required by Section 10081 may be
made prior to, concurrent with, or within 60 days following the
issuance or renewal of a residential property insurance policy. If
the offer of coverage is mailed to the named insured or applicant, it
shall be mailed to the mailing address shown on the policy of
residential property insurance or on the application.
(1) If the offer is made by a nonparticipating insurer as defined
in Section 10089.5, the offer of earthquake coverage shall contain
all of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: _______________
(B) Deductible: ______________
(C) Contents Coverage Limit: _______________
(D) Additional Living Expenses Coverage Limit: _____________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(2) If the offer is made by a participating insurer as defined by
Section 10089.5, the offer of earthquake coverage shall contain all
of the following language in at least 10-point boldface type:
"Your residential property insurance policy does not cover
earthquake damage to your home or its contents.
To cover earthquake damage to your home and its contents you need
to purchase a separate earthquake insurance policy. The coverage
provided by an earthquake insurance policy is different from, and
typically more limited than, the coverage provided by your
residential property insurance policy.
California law requires insurance companies to offer earthquake
insurance in conjunction with a residential property insurance
policy. If you do not accept the offer of earthquake insurance below
within 30 days of the mailing of this notice, your insurance company
shall presume that you have not accepted this offer of earthquake
insurance.
You may purchase earthquake insurance coverage on the following
terms:
(A) Amount of Dwelling/Building Coverage Limit: _______________
(B) Deductible: ______________
(C) Contents Coverage Limit: _______________
(D) Additional Living Expenses Coverage Limit: _____________
(E) Estimated Annual Premium:_______________
The deductible represents the amount of damage your covered
property must incur before the earthquake insurance coverage begins.
If your covered loss is less than the applicable deductible, you may
not receive any payment.
If you choose not to accept this offer within the 30-day period,
you may apply for earthquake coverage at a later date.
Your insurance company contracts with the California Earthquake
Authority (CEA) to offer earthquake insurance to its customers. For
an additional premium, you can choose CEA coverage options such as
higher limits for Contents or Additional Living Expenses, increased
building code upgrade limits, or a lower deductible. You can also
choose to buy certain CEA coverages separately.
Contact your insurance agent or your insurance company to obtain
details regarding this offer of earthquake insurance and other
coverage options."
(b) When the insurer, agent, or broker establishes delivery of the
disclosure form by obtaining the signature of the applicant or
insured, or when an insurer, agent, or broker provides the applicant
with the disclosure form and the applicant does not return a signed
acknowledgment of receipt within 60 days of the date it was provided,
there shall be a conclusive presumption that the insurer, agent, or
broker has complied with the disclosure requirements of this section.
(c) The offer may contain additional provisions not in conflict
with or in derogation of this section.
(d) The commissioner may only approve modifications to the
language prescribed in subdivision (a) if all of the following
conditions are met:
(1) The modifications are not in conflict with or in derogation of
any provision of this section or Section 10089.
(2) The modifications are necessary to ensure that the disclosure
statement accurately reflects the coverage actually provided by the
policy being offered.
(3) The modifications are strictly limited to necessary changes so
that the modified disclosure statement is otherwise identical to the
disclosure statement prescribed in this section.
(e) Use of the language prescribed by this section, or modified
language approved pursuant to subdivision (d), shall constitute
compliance with the requirements of Section 10081 by an insurer
subject thereto.
(f) (1) If an insurer issues or causes to be issued a policy with
earthquake coverages other than the coverages specified in
subdivisions (a) and (b) of Section 10089, pursuant to a rate
application approved by the commissioner in accordance with
subdivision (c) of Section 10089, no further or other offer of
earthquake coverage as specified in subdivisions (a) and (b) of
Section 10089 and no further or other notice of noncoverage is
required by the insurer if both of the following apply:
(A) A renewal of that policy is offered.
(B) A written notice is provided with that renewal regarding
additional earthquake coverage that is available.
(2) The form of the written notice in paragraph (1) shall be filed
with the commissioner at least 30 days before its first use. The
form shall not be used if the commissioner disapproves the form of
the written notice within that period for being misleading or
incomplete.
(g) This section shall become operative on January 1, 2019.
SEC. 3. Section 10086.1 of the Insurance Code is amended to read:
10086.1. (a) Where the offer of earthquake coverage has not been
accepted, the insurer shall notify the named insured that the policy
does not provide that coverage. After the offer on an every other
year basis, the notice of noncoverage shall be provided prior to or
concurrent with the renewal of the policy of residential property
insurance. This section shall not affect any other provisions of this
chapter nor shall it affect coverage under the policy of residential
property insurance.
(b) No further or other notice of noncoverage is required pursuant
to subdivision (a) for policies subject to subdivision (f) of
Section 10083, and the insurer has complied with the conditions of
subdivision (f) of Section 10083.
SEC. 4. Section 1.5 of this bill incorporates amendments to
Section 10083 of the Insurance Code, as amended by Section 12 of
Chapter 369 of the Statutes of 2013, proposed by both this bill and
Assembly Bill 2064. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 10083 of the Insurance Code, as amended by
Section 12 of Chapter 369 of the Statutes of 2013, and (3) this bill
is enacted after Assembly Bill 2064, in which case Section 1 of this
bill shall not become operative.
SEC. 5. Section 2.5 of this bill incorporates amendments to
Section 10083 of the Insurance Code, as added by Section 13 of
Chapter 369 of the Statutes of 2013, proposed by both this bill and
Assembly Bill 2064. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 10083 of the Insurance Code, as added by
Section 13 of Chapter 369 of the Statutes of 2013, and (3) this bill
is enacted after Assembly Bill 2064, in which case Section 2 of this
bill shall not become operative.
