The California FAIR Plan Association must fix certain violations by agreed deadlines, and the commissioner may require changes to coverage for policyholders.
The association must fix violations identified in an examination or other operational report, as directed by the commissioner or a designee. It must meet the agreed deadline, though it may seek more time for good cause.
Violations can bring penalties of up to $10,000 per act, or up to $20,000 per willful act. Each failure to complete a specified fix on time can also bring a penalty of up to $20,000.
To meet policyholders’ needs, the commissioner may require the association to adjust policy limits and offer additional fair rental value coverage through its renters’ program.
The association must take corrective action specified by the insurance commissioner or a designee. The action addresses violations of laws, regulations, accounting rules, the association’s operating plan, or other binding rules identified in an examination or operational report. The commissioner or designee sets the corrective action and agrees on a timeframe for completion. The association may request more time for good cause, such as circumstances beyond its control or a good faith effort to comply. The association must complete each specified fix within the timeframe agreed upon with the commissioner or designee.
The commissioner must impose civil penalties for violations of the chapter governing the association. The penalties apply to violations of the chapter governing the association, including failure to take specified corrective action. Penalties may be up to $10,000 for each act, or up to $20,000 for each willful act. The commissioner decides what counts as an act. A penalty for missed corrective action may be added to other penalties provided by law. A penalty for missed corrective action applies if the association does not complete the fix within its agreed timeframe.
The commissioner may require the association to adjust policy limits and offer more fair rental value coverage. Policy limit changes may cover programs underwritten by the association. Additional fair rental value coverage would be under its renters’ property insurance program. The commissioner may require both changes to meet policyholders’ needs.
No hearings or votes scheduled.