California SB 1301

Existing law creates the Department of Insurance, headed by the Insurance Commissioner, and generally regulates classes of insurance, including residential property insurance. Existing law requires an insurer to deliver to the named insured an offer of renewal, as specified, at least 45 days before the policy expiration and to deliver a notice of nonrenewal at least 75 days before the policy expiration. If the insurer fails to do so, existing law requires the existing policy, with no change in its terms and conditions, to remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the named insured. Existing law requires nonrenewal notices to contain specified information. This bill would, beginning January 1, 2028, require an insurer to deliver to the named policyholder a notice of nonrenewal of the policy at least 90 days before the policy expiration, except as provided. The bill would require the notice to contain specified information, including all information related to the basis for the nonrenewal, as specified. If the insurer fails to deliver a notice of nonrenewal to the named policyholder, the bill would require the existing policy to remain in effect for 90 days from the date the notice of nonrenewal is delivered. If an insurer finds that a policy does not meet its underwriting guidelines due to a condition that can be remedied by the policyholder, the bill would require the insurer to deliver or mail to the named policyholder a notice at least 120 days before the policy expiration that includes an explanation of any remediation, additional information, or other change to the property that would qualify the policyholder to obtain renewal of the policy. This bill would, beginning January 1, 2028, require an insurer that refuses to renew a policy to provide the policyholder with a detailed, plain language explanation of the grounds for the nonrenewal and all nonaerial imagery relied upon as a basis for the decision. The bill would require, upon request and within 15 days of that request, an insurer to provide any property inspection findings or property inspection reports relied upon as a basis for the decision. If an insurer finds that a policy does not meet its underwriting guidelines due to a condition that can be remedied by the policyholder, the bill would require the insurer to provide the policyholder with a period of not less than 90 days to perform the necessary remediation or other change to the property or to provide additional information. The bill would prohibit an insurer from refusing to renew a residential property insurance policy solely on the basis of certain claims, on the basis of the policyholder's previous inquiry, or on the basis of the age of the roof under certain circumstances. On or before April 1, 2029, and annually thereafter by that date, this bill would require an insurer to submit to the commissioner a report for the previous calendar year containing specified information. On or before September 1, 2029, and annually thereafter by that date, the bill would require the commissioner to prepare and publish on the department's internet website an aggregated report for the previous calendar year of the information reported by insurers.