CA insurance commissioner reveals plan to tackle insurance crisis, activists find 'many loopholes'
SAN FRANCISCO (KGO) -- California's insurance commissioner announced new regulations Tuesday to address the state's insurance crisis - a proposal he considers to be the largest insurance reform seen in 30 years. But advocates argue, the proposal is packed with loopholes that hurt consumers.
"My strategy is intended to fix the major shortcomings in our laws," said California's Insurance Commissioner Riccardo Lara.
For the first time in nearly a year since introducing his strategy to regulate California's insurance market, Lara testified before the Assembly Insurance Committee with his latest plan to fix the insurance crisis.
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"We are creating an entirely new law, new procedures from the ground up and we are doing it in record time," said Lara.
That plan includes promises of removing policies from the California Fair Plan to go back to the regular insurance market, increase insurance availability and pledge to create more transparency and accuracy in rate making and catastrophe modeling.
But consumer advocates say if you look at the fine print, the regulations tell a different story.
"This commissioner has betrayed his oath of office," said Harvey Rosenfield, the founder of Consumer Watchdog. "He has misled and lied to the public and we're finally going to set the record straight."
Rosenfield says Lara's plan comes with several loopholes. One of the big ones - claims that insurance companies will be required to expand sales in fire-prone areas to at least 85 percent of what they sell elsewhere.
"There's a loophole to that, the legislation says maybe provide 85% of sales, but it's OK if you just do 5%," Rosenfield said.
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Consumer Watchdog argues the regulation will eliminate transparency and disclosure requirements and doesn't provide any deadline for insurers to implement these policies.
Meantime, Lara says insurers vowed to come back.
"Allstate publicly testified that it will open new business in nearly every corner of our state - once the work is done," Lara said.
Another example raised is Lara's claims to reduce costs and regulate rate hikes. Consumer Watchdog says his proposal imposes price hikes from unverifiable catastrophe models.
"They want to use computer models, software algorithms to jack up our premiums," said Rosenfield. "They're not allowed to do that under Prop 103."
Proposition 103 is the Insurance Reduction and Reform Act passed by voters in 1988. It aims to protect consumers from arbitrary insurance rates and encourage a competitive market.
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But Lara says he's working to make sure these regulations address the insurance crisis.
"My department is simultaneously hosting a public hearing right now on my catastrophe modeling rate-making regulation," Lara said, adding it's in the final phase before implementation by the end of the year.
The commissioner says his department hosted two workshops, in addition to stakeholder meetings with insurers, consumers and modelers to ensure he finds a solution that works for both consumers and insurance companies.
Until then, tens of thousands of Californians are getting dropped by their provider.
"Last year we had total, complete full coverage... now we have half of that," said consumer Bruce Breslau, who was dropped from Farmers insurance. "However, the premium went from Premium $349,000 to $1.7 million."
Same story with Gigi Bannister.
"My insurance shouldn't cost me as much as my mortgage," said Bannister, a firefighter and veteran. "If he can't hold their feet to the fire, he should get out of the kitchen."
