The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate to administer a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the Insurance Commissioner to approve the association's plan of operation and authorizes the commissioner to examine the association's books, records, files, papers, and documents that relate to its operation. Existing law authorizes the commissioner to impose civil penalties for various violations of the Insurance Code.
This bill would require the association to take corrective actions, as specified by the commissioner or their designee, to rectify violations of applicable statutes, regulations, accounting principles, the plan of operation, or other legally binding applicable rules identified in a report of examination or other operational report. The bill would subject the association to a penalty of not more than $20,000 for failing to take the specified corrective action within a timeframe agreed upon by the commissioner or their designee. The bill would set other civil penalty amounts for violations of provisions relative to the association as not to exceed $10,000 for each act in violation or not to exceed $20,000 if the act was willful, and would require the commissioner to impose those penalties, as specified.
The bill would also authorize the commissioner to require the association to both adjust the policy limits available under programs underwritten by the association and make additional coverage offerings available for fair rental value coverage under the association's renters' property insurance program.
This bill would incorporate additional changes to Section 10095 of the Insurance Code proposed by AB 69 to be operative only if this bill and AB 69 are enacted and this bill is enacted last.