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Commissioner Lara issues landmark regulation to expand insurance access
for Californians amid growing climate risks
Measure is final major step in historic reform to expand insurance
coverage across California
SACRAMENTO, Calif. Insurance Commissioner Ricardo Lara today announced
the final major step in his Sustainable Insurance Strategy, issuing a
historic regulation aimed at restoring stability to Californias insurance
market while addressing the growing risks of wildfires and climate change.
The new Net Cost of Reinsurance in Ratemaking Regulation requires
insurance companies for the first time to increase coverage in high-
risk areas, ensuring more options for Californians while limiting the
costs passed on to consumers. The regulation works hand-in-hand with other
reforms that Commissioner Lara has spearheaded that will have the effect
of increasing insurance coverage options for Californians across the
state.
Californians deserve a reliable insurance market that doesnt retreat
from communities most vulnerable to wildfires and climate change, said
Commissioner Lara. This is a historic moment for California. My
Sustainable Insurance Strategy is focused on addressing the challenges we
face today and building a resilient insurance market for the future. With
input from thousands of residents throughout California, this reform
balances protecting consumers with the need to strengthen our market
against climate risks.
Reinsurance is a financial tool that is part of how insurance companies
manage their risk portfolios associated with the policies they write to
homeowners and business owners. Its roots date back to the 14th century,
when merchants and traders sought ways to spread the risks of perilous
ocean voyages, often relying on multiple insurers to cover their ventures.
Today, as climate risks escalate across the nation, reinsurance has become
an even more imperative component of insurance companies operating in
high-risk and distressed areas, including California. Modernizing
regulations around reinsurance will enable insurance companies to expand
coverage and write more policies in communities across the state facing
greater risk, ensuring stability and resilience in our insurance market.
All other states except California allow for costs of reinsurance in rates
and, in 2023, the first systematic review of climate risk strategies by
Ceres and the California Department of Insurance revealed that reinsurance
is the primary strategy most insurance companies use to continue to write
and expand coverage in higher risk parts of California and across the
country.
What it means: Insurance companies must increase coverage in wildfire-
prone regions, ensuring they write policies for at least 85% of their
statewide market share, with annual increases until the threshold is met.
More coverage for Californians in wildfire-distressed areas: All
homeowners insurance companies must increase the writing of comprehensive
policies in wildfire distressed areas equivalent to no less than 85% of
their statewide market share, whereas there is no current legal
requirement today for insurers to provide any coverage in high-risk areas.
Companies will have to continue to increase by 5% every two years until
they meet this threshold.
Cost caps: The regulation treats reinsurance like other insurance company
expenses allowed under Prop. 103 today such as claims handling or agent
commissions by establishing an industry-wide standard cost of
reinsurance and capping the amount of reinsurance costs that can be
charged to consumers. Companies spending more than the industry standard
cannot pass these costs onto their policyholders.
Greater efficiency: Establishing a standard cost based on an index of what
insurance companies spend encourages them to be efficient and compete for
the best price for reinsurance, so consumers get the best value.
California-only costs: The regulation limits costs to California-only, so
consumers do not pay for the cost of Gulf Coast hurricanes or Midwest
windstorms.
Reliable rates: The regulation goes hand-in-hand with forward-looking
wildfire catastrophe models that can better predict future rates. Under
the current system of historical data, insurance consumers are paying
balloon premiums and rate spikes after major wildfires, without increased
availability.
Prevents model-shopping: Model shopping describes when insurance
companies choose one model that produces higher rates for consumers, and
another that lowers their reinsurance costs. To prevent model shopping,
the regulation requires insurance companies utilize the same model for
both. This promotes more consistent approaches to assessing risks, and
balances the scales for consumers.
Largest insurance reform in 30 years: The new regulation is the final
major element of the largest insurance reform in 30 years for California.
The Department held multiple workshops and hearings in 2024, including a
meeting on December 5 which was attended by more than 500 people and
received 70 verbal and written comments which helped shape this
regulation. Commissioner Lara has met with tens of thousands of
Californians in all 58 counties across the state since taking office as
well as testifying at four legislative briefings about his Sustainable
Insurance Strategy over the past year.
Commissioner Lara announced on December 13 that he had finalized a
wildfire catastrophe modeling regulation with a requirement for insurers
to increase their policy offerings in underserved areas of the state as a
condition of incorporating catastrophe modeling into ratemaking. These two
regulatory efforts work together, with other Sustainable Insurance
Strategy reforms, to increase the availability of homeowners and
commercial insurance policies in wildfire distressed areas.
Led by Insurance Commissioner Ricardo Lara, the California Department of
Insurance is the consumer protection agency for the nation's largest
insurance marketplace and safeguards all of the states consumers by
fairly regulating the insurance industry. Under the Commissioners
direction, the Department uses its authority to protect Californians from
insurance rates that are excessive, inadequate, or unfairly
discriminatory, oversee insurer solvency to pay claims, set standards for
agents and broker licensing, perform market conduct reviews of insurance
companies, resolve consumer complaints, and investigate and prosecute
insurance fraud. Consumers are urged to call 1-800-927-4357 with any
questions or contact us at www.insurance.ca.gov via webform or online
chat. Non-media inquiries should be directed to the Consumer Hotline at
800-927-4357. Teletypewriter (TTY), please dial 800-482-4833.
https://www.insurance.ca.gov/0400-news/0100-press-
releases/2024/release065-2024.cfm