HomeMy WebLinkAbout5.2 Hmeownr&ErthqkeInsurCrisis
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 8, 1995
SUBJECT
Homeowner and Earthquake Insurance Crisis
(Prepared by: Lou Ann Riera-Texeira, Assistant to the City Manager)
EXHffiITS ATTACHED 1. Correspondence from Dick Spees, Vice Mayor, City of Oakland
2. Sample Resolution
RECOMMENDATION ~nSider request.
FINANCIAL STATEMENT:
No financial impact.
DESCRIPTION Correspondence has been received from the City of Oakland requesting
that the Dublin City Council join Oakland in lobbying the State Legislature to resolve the homeowner and
earthquake insurance crisis.
As indicated in the attached letter, as a result of recent catastrophic natural disasters including the Northridge
earthquake and Oakland-Berkeley Hills fire, over 75% of insurance carriers have either ceased or severely limited
enting new homeowner policies in California; and some carriers have even banned new policies in specific
geographic areas of the state.
The City of Oakland has expressed concern regarding the lack of affordable, readily available homeowners
insurance and the impacts on the state's home-building and real estate industries. Further, Oakland expresses
concern over the insurance industry's failure to recognize the extraordinary measures of local communities who
have taxed and assessed themselves to fund needed improvements to fire prevention and emergency preparedness
and response.
The City of Oakland proposes to lobby the State Legislature and the Insurance Commissioner to resolve the
crisis in the availability and affordability of homeowners insurance during the current session. The City of
Oakland requests support from other local cities. Oakland invites the City of Dublin to adopt a resolution
calling upon the State Legislature and the Department of Insurance to resolve the homeowners insurance crisis in
California; and invites Dublin to join Oakland in mid-August to directly lobby the State.
It is recommended that the Dublin City Council consider the request made by the City of Oakland to adopt a
resolution and to participate in Oakland's lobbying efforts.
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CITY HAll
ONE CITY HALL PLAZA
OAKLAND, CALIFORNIA 94612
Dick Spees
Vice Mayor
510/238.3266
FAX/238-6129
July 18, 1995
Re: Homeowner and Earthquake Insurance Crisis
Dear Mayor/City Manager:
I am writing you to inquire about your interest in joining the Oakland City Council in pressing
the State Legtilature to resolve the homeowner and e&rthquake :::s::.r~:.:e crisis. Since the Nort'uidge
earthquake, seventy-five percent of homeowners' insurance carriers have suspended or severely limited
writing new homeowners' policies. Thousands of homeowners are having their existing policies non-
renewed. And California's real estate industry confmns that new home sales are held up by the
inability of buyers to fmd adequate insurance at an affordable cost.
In Oakland we are particularly concerned because, following the Oakland-Berkeley Hills fire
of 1991, the city's residents agreed to costly new assessments and a general obligation bond to fund
fire mitigation and emergency preparedness upgrades. In spite of these extraordinary measures, our
homeowners are experiencing great difficulty obtaining and keeping insurance.
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The Oakland City Council has approved the enclosed resolution, calling upon the Legislature
and the Department of Insurance to resolve this statewide crisis. We invite you to consider adopting
a similar resolution, and to fax a copy to us in care of our city's Sacramento representative, Ken
Emanuels (FAX: 916-444-0303)
Last week, Mayor Elihu Harris and I met in Sacramento with each of the primary "players"
in this debate . We learned that the State Insurance Commissioner shortly will propose the formation
of a new state natural disaster insurance pool. We also confirmed that all parties expect the major
legislative issues to be resolved by a conference committee in August.
Would you be interested in joining us in mid-August in Sacramento to lobby directly the
conference committee? We will plan a day of background briefings, meetings with legislators and
testimony before the committee, all intended to light a fire for an acceptable resolution for our
residents. If you can join us, please contact Mr. Emanuels at (916) 444-6789. When arrangements
are in place, he will contact you with the date, time, location and all the details.
IT~'
. DICk Spees
Vice Mayor
Enclosure: Sample Resolution
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OAKLAND CITY COUNCIL
RESOLUTION No.
C. M. S.
INTROOUCEC BY COUNCILMEMBER
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RESOLUTION CALLING UPON THE STATE.. LEGISLATURE AND THE
DEPARTMENT OF INSURANCE TO RESOLVE THE HOMEOWNERS INSURANCE
CRISIS IN CALIFORNIA
WHEREAS, having suffered substantial losses in California due to catastrophic natural
disasters, seventy-five percent of insurance carriers have either ceased or severely limited
writing new homeowners policies in California, and some carriers have banned new policies
in specific geographic areas of the state; and .
WHEREAS, California homeowners are facing a crisis due to the lack of affordable, readily
available homeowners insurance; and that crisis is having far-reaching effects on the state's
homebuilding and real estate industries; and
WHEREAS, the insurance companies have failed to recognize the extraordinary measures
of local communities who have taxed and assessed themselves to fund needed improvements
to fire prevention and emergency preparedness and response; and
WHEREAS, efforts to negotiate a new mechanism. for catastrophic insurance coverage have
failed to achieve a resolution that is economically viable and fair to all parties throughout
the state; and .
WHEREAS, the crisis to all Californians has become so severe that it demands urgent
attention and speedy resolution,
THEREFORE, BE IT
RESOLVED, that the City of Oakland joins other cities in California in declaring the
following principles:
RESOLVED, that the delinkage of earthquake and homeowners insurance should only
occur after state and/or federal natural disaster insurance pools are established to provide
affordable and adequate earthquake coverage;
RESOLVED, that basic catastrophic coverage should be provided to restore a home's
habitability, and that such basic coverage should be available with minimal deductible and
without any cap on insured value;
RESOLVED, that all insurance companies offering any type of insurance in California
should be required to pay an assessment to the statewide catastrophic insurance pool to
ensure its continued viability; .
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500,~'5 (7.83)
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RESOLVED, that when setting rates and determining risk, insurance companies should be
required to take into account the existence of local programs to upgrade emergency
infrastructure and/or to reduce fire fuels such as wildland brush in public open space and
overgrown vegetation within household perimeters in compliance with local and state fire
codes;
RESOLVED, that nonrenewals of insurance should be subject to the same restrictions as
cancellations, and that these principles should be clearly outlined in the legislation; and that
insurance companies should be required to maintain existing homeowners' policies as long
as policyholders meet the underwriting guidelines specified in the legislation; and be it
further
. .
RESOLVED, that the City of Oakland calls upon the State Legislature and the Insurance
Commissioner to resolve the crisis in the availability and affordability of homeowners
insurance during the current session in order to protect the state economy and the safety
and well-being of all California property owners.
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I certify t1z.at tize fongoing is l1 fuiI., &ru.e and CDrre~ copy of a ResoWrion passed by
the Cir; Council of me Ciry of OaIci.aJu4 California on ~UL 1 1 1995
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CEDA FLOYD
Ci.ty Clerk ami aerk of clre Cocmcl
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Per
{)It~ ~
Depury
RESOLUTION NO. - 95
A RESOLUTION OF THE CITY COUNCIL .
OF THE CITY OF DUBLIN
CALLING UPON THE STATE LEGISLATURE AND THE DEPARTMENT OF
INSURANCE TO RESOLVE THE HOMEOWNERS INSURANCE CRISIS IN .
CALIFORNIA
**.**........***..**.......
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,
WHEREAS, having suffered substantial losses in California due to
catastrophic natural disasters, seventy-five percent of insurance carriers have
either ceased or severely limited writing new homeowners policies in California,
and some carriers have banned new policies in specific geographic areas of the
state; and
WHEREAS, California homeowners are facing a crisis due to the lack of
affordable, readily available homeowners insurance; and that crisis is having far-
reaching effects on the state's home-building and real estate industries; and
WHEREAS, the insurance companies have failed to recognize the
extraordinary measures of local communities who have taxed and assessed
themselves to fund needed improvements to fire prevention and emergency
preparedness and response; and
WHEREAS, efforts to negotiate a new mechanism for catastrophic
insurance coverage have failed to a resolution that is economically viable and .
fair to all parties throughout the state; and
WHEREAS, the crisis to all Californians has become so severe that it
demands urgent attention and speedy resolution,
.'
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin joins other cities in California in declaring the following principles:
RESOLVED, that the delinkage of earthquake and homeowners insurance
should only occur after state and/or federal natural disaster insurance pools are
established to provide affordable and adequate earthquake coverage;
RESOLVED, that basic catastrophic coverage should be provided to
restore a home's habitability, and that such basic coverage should be available
with minimal deductible and without any cap on insured value;
RESOLVED, that all insurance companies offering any type of insurance
in California should be required to pay an assessment to the statewide
catastrophic insurance pool to ensure its continued viability;
RESOLVED, that when setting rates and determining risk, insurance
companies should be required to take into account the existence of local
programs to upgrade emergency infrastructure and/or to reduce fire fuels such
as wildland brush in public open space and overgrown vegetation within .
household perimeters in compliance with local and state fire codes;
.
RESOLVED, that non-renewals of insurance should be subject to the
same restrictions as cancellations, and that these principles should be clearly
outlined in the legislation; and that insurance companies should be required to
maintain existing homeowners' policies as long as policyholders meet the
underwriting guidelines specified in the legislation; and
BE IT FURTHER RESOLVED, that the City of Dublin calls upon the State
Legislature and the Insurance Commissioner to resolve the crisis in the
availability and affordability of homeowners insurance during the current session
in order to protect the state economy and the safety and well-being of all
California property owners.
PASSED, APPROVED AND ADOPTED this 8th day of August, 1995.
AYES:
NOES:
ABSENT:
Mayor
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ATTEST:
City Clerk
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