California bill that could change how companies insure, renew policies moves forward

A bill that would require insurers to factor in wildfire protection efforts when determining whether to cover properties moved forward Wednesday, despite concerns from lawmakers and strong opposition from insurance companies.

Sen. Josh Becker, a Democrat who represents the Menlo Park area, said during a hearing that the proposal will help evaluate if work by individuals, communities and the state are reducing fire risks.

“For all these communities who are making these investments it’s only fair that those efforts are included,” Becker told the Senate Insurance Committee.

Senate Bill 1060 would force insurers to take that mitigation work into account if they use computer programs to figure out where they want to issue and renew coverage. The measure was supported at the hearing by counties, cities and environmental organizations.

Seren Taylor, a lobbyist for the Personal Insurance Federation of California, a trade group, called the bill, at best, premature.

Currently, the Department of Insurance is planning to allow companies to use computer programs to estimate future wildfire risks when asking for rate increases. Those are also expected to factor in mitigation work.

Taylor cautioned that approving the bill, while those changes are still in progress, could cause confusion.

Beyond that, he warned the measure would give the department new authority over a company’s decision to issue or renew policies.

“While this may not be the author’s intent,” Taylor said, “it is what the text of the bill allows and it will further destabilize California’s fragile insurance market.”

Becker said that wasn’t his goal and that he wants the bill to complement the department’s work.

Sen. Bill Dodd, a Democrat whose district includes the Napa area, co-authored the proposal. In the wake of major fires, Dodd said community agencies and groups in his district have made significant investments to protect themselves from future ones.

He called it “high time” for insurers to “account for those wildfire prevention actions.”

Sen. Susan Rubio, the committee chair, disagreed. The Democrat, whose district includes Baldwin Park, also said the measure felt premature. But she voted for the bill to move forward and asked Becker to continue working on it.

Later, committee members rejected a bill, Senate Bill 1229, that would have required insurers to disclose when they use artificial intelligence to make decisions that affect home and auto policies.

It would also have forced the companies to share when they use the technology while reviewing claims.

“I believe the consumer has the right to know,” said the bill’s author, Sen. Janet Nguyen, a Republican who represents the Huntington Beach area.

Trade group representatives argued the requirement may seem inconsequential but it could further burden companies when many are pausing or restricting business in the state.

Before voting against the bill, committee members cautioned that what counts as artificial intelligence is unsettled and the use of the technology, in these cases, is not inherently wrong.