California Home Insurance Exodus Pushes State’s Last-Resort Backup Plan Toward Insolvency - MBA Newslink (2024)

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Is California Home Insurance Exodus pushes state's last resort backup plan toward insolvency? ›

As home insurers flee California, the state's last-resort insurance plan is warning that it's being pushed toward insolvency, forced to cover a rapidly growing number of properties that have lost traditional coverage and unable to collect enough in premiums to cover potential losses.

Tokio Marine America Insurance Co. and Trans Pacific Insurance Co. join a growing list of insurance companies announcing plans to withdraw or limit business in the Golden State, making it harder for residents to obtain coverage for their homes.

If it is determined that the company cannot be rehabilitated, the company is declared insolvent, and the commissioner will ask the state court to order the liquidation of the company.

Basically the clause protects the insurer in case any party goes into administration, insolvency or bankruptcy. If any of these events happen then the insurer doesn't have to cover those costs or losses.

If an insurance company is declared insolvent, expect the state guaranty association and guaranty fund to swing into action. The association will transfer the insurer's policies to another insurance company or continue providing coverage itself for policyholders.

Tokio Marine and Trans Pacific join State Farm and Allstate in discontinuing coverage for California residents.

Under the Fair Claims Settlement Practices Regulations guideline that California follows, an insurance company must settle a claim immediately, if possible. If it can't settle it immediately, it must do so within 40 days of receiving the proof of claim forms.

Insurance Code § 530 incorporates the doctrine into California law. It says an insurance company must cover a loss if a covered peril was the “proximate cause” of the loss. This doctrine is the preferred method for resolving insurance disputes involving losses caused by multiple causes of loss.