California Insurance Code Section 10083 (timing and prescribed language of the earthquake offer; every-other-year re-offer)

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These are the only claims this record is used to carry anywhere in the library.

• The offer of earthquake coverage may be made prior to, concurrent with, or within 60 days following the issuance or renewal of a residential property insurance policy.

  claim ca-ins-code-10083#c1

• If the offer is not accepted, the insurer must offer earthquake coverage on an every other year basis in connection with any continuation, renewal, reinstatement, or policy that extends or replaces the residential property insurance policy.

  claim ca-ins-code-10083#c2

• The prescribed offer includes the statement that if the insured does not accept the offer of earthquake insurance within 30 days of the mailing of the notice, the insurance company shall presume that the insured has not accepted the offer.

  claim ca-ins-code-10083#c3

• The prescribed disclosures must be set in at least 10-point boldface type.

  claim ca-ins-code-10083#c4

• The prescribed disclosure states that the residential property insurance policy does not cover earthquake damage to the home or its contents.

  claim ca-ins-code-10083#c5

• The prescribed disclosure states that the deductible represents the amount of damage the covered property must incur before the earthquake insurance coverage begins.

  claim ca-ins-code-10083#c6

• The section became operative on January 1, 2019.

  claim ca-ins-code-10083#c7

• Section 10083(a) reads: 'The offer of coverage required by Section 10081 may be made prior to, concurrent with, or within 60 days following the issuance or renewal of a residential property insurance policy.'

  claim ca-ins-code-10083#c8

• Section 10083(a) continues: 'If the offer of coverage is mailed to the named insured or applicant, it shall be mailed to the mailing address shown on the policy of residential property insurance or on the application.'

  claim ca-ins-code-10083#c9

• Section 10083(a)(1) and (a)(2) prescribe the offer language for nonparticipating insurers and for participating insurers respectively, each requiring that the offer 'shall contain all of the following language in at least 10-point boldface type', and the prescribed language begins: 'Your residential property insurance policy does not cover earthquake damage to your home or its contents.'

  claim ca-ins-code-10083#c10

• The prescribed offer language includes fill-in items labeled '(A) Amount of Dwelling/Building Coverage Limit', '(B) Deductible', '(C) Contents Coverage Limit', '(D) Additional Living Expenses Coverage Limit', and '(E) Estimated Annual Premium'.

  claim ca-ins-code-10083#c11

• The prescribed offer language states: 'If you do not accept the offer of earthquake insurance below within 30 days of the mailing of this notice, your insurance company shall presume that you have not accepted this offer of earthquake insurance.'

  claim ca-ins-code-10083#c12

• Section 10083(b) reads: 'If the offer of earthquake coverage made pursuant to Section 10081 is not accepted, the insurer or any affiliated insurer shall be required on an every other year basis to offer earthquake coverage in connection with any continuation, renewal, or reinstatement of the policy following any lapse thereof, or with respect to any other policy that extends, changes, supersedes, or replaces the policy of residential property insurance.'

  claim ca-ins-code-10083#c13

• Section 10083(g) reads: 'This section shall become operative on January 1, 2019.' The section note reads 'Amended (as amended by Stats. 2014, Ch. 427, Sec. 2.5) by Stats. 2016, Ch. 549, Sec. 2. (AB 499) Effective January 1, 2017. Section operative January 1, 2019, by its own provisions.'

  claim ca-ins-code-10083#c14

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Reviewer notes

Effective: 2019-01-01 (operative date stated on the page)