Property Insurance in California Continues to be a Ticking Time Bomb

Author, Jeremy Hoolihan, Partner, Rancho Mesa Insurance Services, Inc.

Insurance industry experts and legislators continue to work with Insurance Commissioner Ricardo Lara and the California Department of Insurance (CDI) to address the overwhelming crisis in the insurance property market. On March 26th, 2024, there was a public hearing to address the crisis.

The hearing appeared to be a step in the right direction in adopting Lara’s Sustainable Insurance Strategy which is designed to restore insurance markets to competitive health by making it easier for insurers to get adequate rates and timely rate decisions. 

The hearing also brought expert commentary from Sheri Scott, a Principal and Consulting Actuary at Milliman, one of the nation’s leading actuarial firms. Scott urged the CDI to amend its regulations to include a more comprehensive reconciliation checklist. The idea is to streamline the process and ensure that insurance company filings were complete, and also to limit its evaluations to issues that could impact potential rates. Scott suggests the CDI only focus on underwriting material that has a clear impact on rates they utilize and all other non-rate related items be evaluated separately.

While this hearing had some positive points, there is still a lot of work to be done. On April 23rd, 2024, the CDI hosted a public workshop on a proposal that would allow insurers to use catastrophic loss modeling in their rate making applications. As it currently stands, California is the only state that requires insurers to base rate requests solely on their own individual losses over the last 20 years rather than projecting future losses based on analysis.

The CDI and Commissioner Lara are clearly feeling the pressure to improve and streamline the rate approval process. With the FAIR Plan exposure now at $366 billion across California ($25 billion just added in January and February), it is ill equipped to handle any major disasters. The FAIR Plan has just $700,000 in cash on hand, $200 million in surplus and about $2 billion dollars in reinsurance available. The Plan also has nearly 400,000 policy holders and are fielding over 2,000 calls a day. The CDI and Lara seem to agree that California and the FAIR Plan are a major wildfire away from needing emergency help. 

Obviously, the inability for insurance companies to have rates approved in a timely fashion has caused several insurance companies to leave California. The result is fewer insurance carrier options and in many cases having to rely on the FAIR Plan. Stay tuned for updates on the progress being made with Commissioner Lara’s Sustained Insurance Strategy.

If you have any questions about your commercial property insurance, please feel free to contact me at (619) 937-0174 or jhoolihan@ranchomesa.com.

The Road to Recovery: Commissioner Lara's Plan to Rescue Property Insurance in California

Author, Jeremy Hoolihan, Account Executive, Rancho Mesa Insurance Services, Inc.

California Governor Gavin Newsom recently declared property insurance a State of Emergency in CA based on a mass exodus of property insurance companies. This has allowed CA Insurance Commissioner Ricardo Lara to strike a deal with insurance companies to encourage new coverage in the State. The changes are slated to go into effect by the end of 2024. However, the hope is that insurers will begin to write homeowner’s policies sooner.

The agreement between Lara and the insurance industry will have insurers return to high-risk zones in the State, in exchange for relief in current regulations. This would allow insurers to get higher rate increases through the state regulator much faster.

Key regulatory elements of Lara’s plan, per his press conference on September 21, 2023, include:

1. Executive action by the Commissioner to transition homeowners and businesses from the FAIR Plan back into the normal insurance market with commitments from insurance companies to cover all parts of California by writing no less than 85% of their statewide market share in high wildfire risk communities. For example, if a company writes 20 out of 100 homes statewide, it must write 17 out of 100 homes in a distressed area.

2. Allowing FAIR Plan policyholders who comply with new safer wildfire regulations the first priority to transition to the normal market.

3. Expediting the Department’s introduction of new rules for the review of climate catastrophe models that recognize the benefits of wildfire safety and mitigation actions at the state, local, and parcel levels.

4. Directing the FAIR Plan to further expand commercial coverage to $20 million per building to close insurance gaps for homeowner’s associations and condo developments to help meet the State’s housing goals and to provide required coverage to other large businesses in the state.

5. Holding public meetings to explore incorporating California-only reinsurance costs into rate filings.

6. Improving rate filing procedures and timelines by enforcing the requirement for insurance companies to submit a complete rate filing, hiring additional Department staff to review rate applications and inform regulatory changes, and enacting intervener reform to increase transparency and public participation in the process.

7. Increasing data reporting by the FAIR Plan to the Department, Legislature, and Governor to monitor progress toward reducing its policyholders.

8. Ordering changes to the FAIR Plan to prevent it from going bankrupt in the case of an extraordinary catastrophic event, including building its reserves and financial safeguards.

Lara’s plan is hopefully going to deter more insurance companies from leaving California by loosening certain elements of insurance regulations. Under the existing system, insurers need to apply with the Department of Insurance to raise their rates and provide supporting documentation to justify the rate hike. The process would allow consumer advocates to intervene along the way, acting as watchdogs in the process.

With property owners desperately searching for affordable comprehensive coverage, Lara’s plan cannot come sooner. While this will take time to implement, it is an important step in restoring the property marketplace in California. If you have any questions relating to this article please feel free to reach out to me at jhoolihan@ranchomesa.com or 619-937-0174.

Key Elements of a Lessor’s Risk Policy

Author, Kevin Howard, Account Executive, Rancho Mesa Insurance Services, Inc.

As a landlord and owner of commercial property, you have exposures like fire, theft and bodily injury that must be addressed to protect your investment and, in many cases, a family asset from risk. As you look to finance these properties, most lenders will require checks and balances to ensure that your property is properly insured and that the mutual investment is protected.  

The Building and Property Area Must Be Protected

A lessor’s risk insurance policy, also known as an LRO, is set up to protect the replacement value of the building from fire, theft, and damage caused by a vehicle, third party, water/burst pipe and vandalism to name some common areas of coverage. There are extensions that will add ample benefits to LRO policies for building owners like ordinance and law coverage which would cover any needed updates required based on city code when rebuilding. Or an “Increased replacement cost limit up to 125%” which would protect a building owner from inflationary costs. There are several solid options for lessor’s risk policies but it is always wise to speak with a broker that can guide you through the process.

Liability Insurance in Case You Are Sued as the Building Owner

The second and equally important part of a lessor’s risk policy is the business liability portion. As a landlord/building owner, if someone were to slip and fall in front of your building or in your parking lot, you may be named in a lawsuit. The second key component to a lessor’s risk policy should include business liability. LRO policies will typically offer $1,000,000 per occurrence and $2,000,000 aggregate. If you are a landlord who is renting your building to a business, you would need this liability policy in the event you are sued for injuries sustained by your tenant as the builder owner.

If you own a Building, Avoid this Mistake

Do not only rely on the sole procurement of a standalone property insurance policy. If you own a building, it is critical that you procure a lessor’s risk policy. A lessor’s risk policy is the best alternative in protecting your family asset through the risk transfer process.

Rancho Mesa has access to several A+ rated lessor’s risk carrier options. So, if you have any questions or need help securing this coverage, reach out to me at (619) 438-6874 or khoward@ranchomesa.com.

2021 Insurance Game Plan

Author, Dave Garcia, President, Rancho Mesa Insurance Services, Inc.

As we come to the end of 2020, the most challenging year most of us have ever experienced, where COVID-19, wild fires and other natural disasters took their toll emotionally, physically, mentally and financially on all of us, we can only hope for a brighter 2021.

The insurance industry did not escape the impact of COVID-19 and the natural disasters, either. Insurance companies, along with their reinsurance companies, suffered catastrophic losses as a result. As with many industries, there will be lagging actions that will take place in 2021 to help these companies in their efforts to recover.

While there really isn’t a line of insurance that wasn’t impacted, the lines of insurance that suffered the greatest losses and impacts include:

• Property

• General Liability

• Excess/Umbrella

• Workers’ Compensation

• EPLI

• Cyber Liability

• Surety

• Employee Benefits

For this article, I will limit my discussion to the property and casualty lines and leave surety and employee benefits to another day.

To offset these losses, I anticipate any number of steps insurance companies will take as we move into 2021. But, let me just touch on those that I think will have the greatest impact and need for attention to business owners in 2021. 

Let’s review these and I will try and give you a small sampling of the implications for each action.

• Non-renewing policies

  • Carriers in many cases will not offer renewal terms.

• Reducing coverage limits and terms

  • Increasing deductibles, lowering aggregate limits particularly in the excess/umbrella marketplace.

• Add new exclusions

  • Businesses will start to see “communicable disease” exclusions added to various lines of insurance.

• Increase underwriting information needed

  • A higher emphasis on information particularly as it relates to a business’s policies and procedures to mitigate COVID-19.

• Raise premiums

  • This is the ultimate consequence and one we are all anticipating to see beginning in early 2021.

To many businesses, this will seem daunting and hopeless - one more hurdle to overcome to keep their businesses going. However, there are proactive steps you can take to mitigate these circumstances and have a strong year despite the adversity.

I’m a firm believer in being pro-active and not re-active. Following are steps you can take to meet this challenge head on:

• Meet with your insurance advisor 90-120 days from your renewal date.

• Understand the specific challenges you will be facing.

• Create a strategy on how to approach the insurance marketplace to ensure the most cost effective and comprehensive risk management program.

• Review and enhance your existing safety program. Rancho Mesa offers our RM365 Advantage Safety Star™ certification program. This is a comprehensive web-enabled training course designed to enable your employees from supervisory to front-line workers to be trained and certified in safety best practices. The insurance marketplace already places a high value on these types of safety trainings and certifications, so this will help your company’s productivity through fewer claims but also position you in a more favorable position in the marketplace.

• Benchmark your company’s safety performance to your industry and see which areas you are outperforming your peers and areas that need your attention. Rancho Mesa offers a benchmarking report we call StatTrac™ to our clients or to other companies who want to see where they stack up.

To close, let me reassure you there is light at the end of the tunnel for 2021. Be proactive; start 90-120 day out from your renewal; don’t let insurance issues sneak up on you; attack them head on and I believe you can make 2021 a great year for you and your company.

If you have any questions or want any help in devising a plan and you are a construction company, please reach out to Sam Clayton, our Construction Group Leader at sclayton@ranchomesa.com. If you are in the human services industry, schools, non-profit, healthcare, assisted living, etc., please reach out to Sam Brown, our Human Services Group Leader. And finally, we can be reached at (619) 937-0164 or at our website, www.ranchomesa.com.

I really believe there is no limit to what you can do – best of luck in 2021.

Common Sense Strategies for Lowering Risk and Managing Liability

Author, Daniel Frazee, Executive Vice President, Rancho Mesa Insurance Services, Inc.

While business owners spend thousands of hours becoming experts in their own field, most know very little about the intricacies of purchasing commercial insurance. Consider exploring these topics further as you prepare for your upcoming renewal cycle.

Buying Too Little Property Insurance

Property coverage can often be the least expensive piece of a comprehensive insurance program. Yet the impact financially to a business or property owner can be devastating if you are under-insured. Take time to understand any coinsurance clause that may exist within your policy and the real world impacts that could occur if any penalty is imposed by the carrier if you have failed to maintain a minimum amount of insurance. Ensuring that your property limits are more than adequate can truly be a cost-effective approach when there is a significant loss.

Overlooking Potential Savings of Higher Deductibles

In layman terms, purchasing insurance simply transfers risk from one party to the other in exchange for premium dollars. Deductibles are a form of self-insurance that represents the costs you are responsible for before your coverage starts. Typically, the higher your policy’s deductible, the lower annual premium because you are absorbing more financial risk if and when a claim occurs. With this in mind, discussing your risk tolerance with your leadership team and your broker can allow for healthy dialogue leading into rate negotiation.

Not Buying Enough Liability Limits

A common term circling around the insurance industry is Social Inflation. This generally refers to the rising costs of insurance claims that are a result of societal trends and views toward increased litigation, plaintiff friendly legal decisions, and large jury awards. As W. Robert Berkley Jr., chief executive officer of commercial property and casualty insurer W.R. Berkley Corp told analysts, “Social inflation is real. It is here and the industry is beginning to pay attention.” This is a waving red flag that insurance buyers should begin considering higher liability limits by adding an Umbrella policy or increasing existing limits. Businesses can implement plans to mitigate risk. But, lawsuits and the amount of damages plaintiffs will seek remain unpredictable.

The Impacts of “Carrier Jumping”

Building a strong, viable business is centered on relationships. It is those relationships that you lean on most when you need an insurance carrier to come through for you, a consultant to solve a problem, or a key partner to deliver when times are difficult. That philosophy applies more than business owners might realize in the insurance industry. Jumping from carrier to carrier, year to year, to get the cheapest policy might save on the short-term, but this approach can negatively impact your marketability in the long-term. 

First, it is important to understand that underwriters see your carrier and claim history as a part of their risk profile review. In determining their real opportunity to win your trust, they’ll look closely at your willingness to create a longer term partnership and your historical trends with carriers will provide immediate answers. 

Secondly, remember the phrase “when you need an insurance carrier to come through for you.” A critical part of building a relationship with your carrier is developing relationships with their loss control and claims teams. When claims occur, which are inevitable, you want and need that comfort level to know that your vendor will handle it properly and timely.

Start simple when it comes to your approach with buying commercial insurance. The topics above are only the beginning of this process but can have meaningful impact on appropriate coverage and limit levels, pricing, and claims handling.

For more information, contact me at (619) 937-0172 or dfrazee@ranchomesa.com.