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Commissioner Foresees Legal Challenge to California Property Cover Changes

Commissioner Foresees Legal Challenge to California Property Cover Changes

California history is littered with too-fast remedies that haven’t stood the test of time, Insurance Commissioner Ricardo Lara told legislators questioning why his department can’t move more quickly to solve a property insurance marketplace crisis. “If we lose in court over process, not substance, that would be the ultimate failure,” Lara told the state Assembly Insurance Committee, while renewing his commitment to enacting a package of reforms by year-end. It can’t be done more quickly, he said, because “we don’t want much-needed reform to be tied up in avoidable litigation” over state-specific transparency rules under the decades-old, voter approved Proposition 103. The California Department of Insurance plans to introduce changes in July to allow primary insurers to include the cost of reinsurance in rate filings if they agree to write coverage in areas at risk of wildfire and reduce enrollment in the FAIR Plan, Lara said. But that transition back to private coverage won’t happen as intended unless the CDI also approves adequate rates for the FAIR Plan, said John Norwood, on behalf of the Independent Insurance Agents & Brokers of California. Property insurance is a “very price sensitive product.” Lower rates at the FAIR Plan, even if the coverage isn’t complete, would hamper the process, said Norwood. He cited a wide gap between a recently requested and approved rate hike for the insurer of last resort. Also, he heard concerns recently from reinsurers that the state is “still failing to spend enough on fire resilience... It’s going to have to be an ongoing commitment.” Under the pending proposal include reinsurance costs in filings, carriers will be required to submit the net cost only for California. “We will not carry the cost of other states,” Deputy Commissioner Lucy Wang told the committee. Another hold-up is expertise. The department is hiring personnel capable of creating actuarial formulas to incorporate the addition because no one on staff could do that, said Wang. “It’s not as simple” as just writing up a new regulation. CDI leaders appeared before the Assembly committee on May 15 to update legislators on their progress. So far the CDI has proposed language changes intended to speed the rate-decision process and released plans to allow insurers to include forward-thinking catastrophe models in filings. The department had to take into account privacy concerns. “Modeling companies do not want to submit their models under Prop 103 because it is subject to complete public transparency,” and with the attendant intervention process a review could take one-to-two years, said Wang. Speakers at a hearing on the proposed inclusion of wildfire, terrorism and flood forward-looking models worried that the CDI’s proposal would still bog down the process. Lara said his regulatory actions will take effect much faster than a legislative route. He thanked legislators for providing needed money to expand his 1,400-employee department, offer overtime to current staff and hire consultants. Assemblyperson and Committee Chair Lisa Calderon told Lara, “It’s no easy task. You’ve been clear and upfront about a Dec. 31, 2024 deadline to complete your strategy. But I must say, time is running out.” Lara said Californians are already seeing signs of improvement in the market, calling out several announcements by insurers, including Mercury General’s plan to assume personal lines business exited by Tokio Marine and Farmer’s plan to reopen most of the multiperil commercial lines it closed to new business last year, "We need to be thorough, thoughtful and deliberate. I do not want another insurance commissioner to be back in front of you in five or 10 years because these regulations could not be implemented and do not meet the mandate of Proposition 103,” said Lara. Each of the 10 largest homeowners writers in the state have been approved over the past five months for what he said were justified rate increases, underscoring the “tremendous urgency that my department is showing during this crisis. "You’ve heard this before but it bears repeating: We are on our way to enacting the state’s largest insurance reform in 30 years...  Prop 103 was less than two pages of text. And It took years of regulatory work, dozens of rulemakings and even scores of litigation to make that landmark initiative a reality,” Lara said. "Now we are facing the accumulated stress of decades of long-needed reforms and quite frankly neglected decisions. For years, insurance companies submitted rate requests less than what they need largely because of the stagnant intervenor process that we have only in California. We are compressing decades of this deferral and delay into a one-year timeline of action,” according to the commissioner. The five largest homeowners multiperil writers in California in 2022, based on direct premiums written, were: State Farm Group, with a 20.58% market share; Farmers Insurance Group, 14.46%; CSAA Insurance Group, 6.66%; Liberty Mutual Insurance Cos., 6.43%; and Allstate Insurance Group, 6.36%; according to BestLink. The five largest writers of commercial multiple peril coverage in California in 2022, based on direct premiums written, were: Farmers Insurance Group, with a 14.23% market share; Travelers Group, 10.54%; State Farm Group, 6.84%; Chubb INA Group, 6.45%; and Nationwide Property & Casualty Group, 6.43%, according to BestLink.    
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Journalists Sue the Chicago Tribune, Alleging Wage Discrimination

Journalists Sue the Chicago Tribune, Alleging Wage Discrimination

Chicago Tribune journalists filed suit Thursday against the newspaper’s owner, claiming it has knowingly paid them less than their white or male counterparts.

The federal lawsuit, filed as a class-action claim, seeks back pay for most Black and female reporters at the newspapers to remedy pay discrepancies amounting to tens of thousands of dollars each, and accuses the newspaper’s owners of “[fostering] a culture of secrecy surrounding the pay and salaries of their workforce.”

The suit also claims that the newspaper’s stated efforts to recruit more diverse journalists through targeted programs are in reality “a source of cheap labor to depress the salaries of women and minority journalists.” “My beat has been about Black and Brown communities and inequities — the disparities, the wealth gap, homeownership, all of that,” said reporter Darcel Rockett, one of the seven named plaintiffs. “And to report on this routinely and then, in your own house, for it to fall on deaf ears … it’s debilitating.” Black women were allegedly paid 20 percent less than white male journalists. The seven journalists who filed suit are criminal justice reporter Madeline Buckley, photojournalists Stacey Wescott and Terrence James, opinion content editor Colleen Kujawa, deputy senior content editor Deanese Williams and senior reporters Darcel Rockett and Christy Gutowski. They are representing a group of “greater than 50 individuals” through their class action suit, the complaint states. A spokesman for the paper’s owner, the hedge fund Alden Group Capital, said the company had not yet reviewed the suit.    
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Florida’s 125% Surge in Property Insurance Bills Sows Havoc

Florida’s 125% Surge in Property Insurance Bills Sows Havoc

For Filicia Porter, the insurance bills were the final straw. They’d been climbing steeply for her assisted-living business as Florida was battered with ever more-powerful storms, and eventually, the numbers stopped adding up. So in March, she finally decided to call it quits, shutting the facility near Palm Beach that she opened just two years ago. That came four months after she closed an older location in Port St. Lucie, opened in 2017. Together, they left a dozen residents scrambling to find another place to live. “Each year you see a rise. Why pay more?” said Porter, who first started The House of Cares to capitalize on the burgeoning demand for elder care as baby boomers flooded into the Sunshine State. But now, as her premiums soared on top of all her other costs, she just couldn’t “continue to deplete” herself. Porter is just one small example among many in Florida, where two major, generational forces are colliding: The toll of climate change, and the challenge of caring for an aging society. Drawn to the state’s warm weather and low taxes, baby boomers have been piling into the retirement haven for years, leaving it with one of the most elderly populations in the US. That’s turning it into a harbinger for other states as the consequences of rising temperatures ripple through the economy in ways few had envisioned. With Florida being threatened by more powerful hurricanes, commercial-property insurance costs last year surged at nearly five times the national pace, according to credit rating firm AM Best Co. Inc. That’s slapping what care providers say is effectively a new — if little noticed — tax on an industry already contending with labor shortages, soaring wages and rising supply costs. The result? More and more nursing homes are closing down each year, while others are missing debt payments. At the same time, the costs for senior care – at all levels from independent living to around-the-clock nursing — are rising, threatening to become unaffordable for a growing number of retirees. “We are headed into a train wreck,” said Pilar Carvajal, founder and CEO of Innovation Senior Living, a Winter Park-based nursing home chain for 339 individuals. The operator’s insurance costs jumped at least 50% in the past five years. “We need help to solve this societal problem,” she said.  
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Farmers to Resume Offering Key Lines of Business Insurance in California

Farmers to Resume Offering Key Lines of Business Insurance in California

Farmers Insurance® announced it will resume accepting new business Commercial Multi-Peril applications for Auto Service & Repair, Habitational, Manufacturing, Real Estate and Wholesale Distribution policies in California, as of August 1, 2024. This action follows the insurer group's recent decision to lift its temporary moratorium on writing new Commercial Automobile insurance policies in the state, effective July 1, 2024. "As a leading insurer of small businesses, we are excited to be re-opening these key lines of our commercial insurance offerings to new customers in California and help provide business owners with more choices when shopping for coverage options," said Eric Coleman, president of Business Insurance for Farmers®. "Farmers has operated in California for nearly a century, and while challenges remain, we are encouraged by the positive changes taking place in the state's commercial insurance marketplace." For the past several months, Farmers has been working with the California Department of Insurance (CDI) on plans to re-enter the business insurance market after a temporary pause in offering coverage for a subset of new business insurance policies. Farmers continues to be a leading writer of small business insurance policies, offering coverage for Artisan Contractors, various Retail, Office, Service Industries, and Workers' Compensation insurance in California, all of which remained open for new business applications through its temporary moratoriums. "We have been consistent in our belief that a fundamental condition for offering coverage is that rates need to reflect the risk exposure we are insuring. Fortunately, through constructive discussions with the CDI, we are now ready to take this step back into the market," added Coleman. Small business owners are encouraged to contact their local Farmers agency owners for details regarding eligibility and rates. For more information about Farmers, visit www.farmers.com. About Farmers Insurance"Farmers Insurance®" and "Farmers®" are tradenames for a group of insurers providing insurance for automobiles, homes, small businesses and a wide range of other insurance and financial services products. For more information about Farmers Insurance, visit Farmers.com or follow Farmers on Twitter @WeAreFarmers, on Instagram @WeAreFarmers and Facebook.com/FarmersInsurance.    
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