Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/04/2013 05:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: TELECONFERENCED
Board of Marine Pilots - Hans Antonsen
Board of Pharmacy - Taryl Giessel
AK Workers' Compensation Board - Ronald Nalikak
-- Public Testimony --
*+ SB 93 TECHNICAL/VOCATIONAL EDUCATION PROGRAM TELECONFERENCED
Moved SB 93 Out of Committee
-- Public Testimony --
+= SB 25 UNEMPLOYMENT; ELEC. FILING OF LABOR INFO TELECONFERENCED
Moved SB 25 Out of Committee
-- Public Testimony --
HB 71 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM
Heard & Held
-- Public Testimony --
*+ SB 58 CANCEL INS. ON CERTAIN ABANDONED PROPERTY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 61 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
<Bill Hearing Canceled>
Bills Previously Heard/Scheduled
+= SB 79 SPORT FISHING GUIDING SERVICES TELECONFERENCED
<Bill Hearing Canceled>
        SB  58-CANCEL INS. ON CERTAIN ABANDONED PROPERTY                                                                    
                                                                                                                                
VICE-CHAIR  MICCICHE reconvened  the  meeting  and announced  the                                                               
consideration of SB 58. "An Act  allowing an insurer to cancel an                                                               
insurance policy  if property becomes entirely  abandoned and the                                                               
abandonment increases the hazard insured against."                                                                              
                                                                                                                                
6:19:30 PM                                                                                                                    
SENATOR DENNIS EGAN, sponsor of  SB 58, introduced SB 58 speaking                                                               
to the following sponsor statement:                                                                                             
                                                                                                                                
     SB 58 clarifies that insurance  can be cancelled when a                                                                    
     property   owner   abandons   the   property,   thereby                                                                    
     increasing a hazard covered by the insurance.                                                                              
                                                                                                                                
     AS  21.36.210 lists  allowable  reasons for  cancelling                                                                    
     personal insurance,  including a grossly  negligent act                                                                    
     by  the insured  that  increases a  covered hazard  and                                                                    
     physical changes  in the  insured property  that result                                                                    
     in the  property becoming uninsurable. As  this statute                                                                    
     is  currently written,  it is  not clear  whether these                                                                    
     reasons would  include abandonment  of the  property by                                                                    
     the insured.                                                                                                               
                                                                                                                                
     Homeowners  insurance  is  underwritten  based  on  the                                                                    
     property  generally being  occupied. An  abandoned home                                                                    
     greatly increases  the risk of  damage beyond  what was                                                                    
     contemplated  in  the   insurance  contract,  including                                                                    
     damage  caused by  vandalism,  broken  water pipes  and                                                                    
     fire. Cancellation  of insurance  when the  property is                                                                    
     abandoned is  necessary to  manage insurance  costs for                                                                    
     all consumers.                                                                                                             
                                                                                                                                
     SB  58 clarifies  that insurance  on property  that has                                                                    
     been entirely abandoned can be  cancelled in Alaska, as                                                                    
     it can  in all other  states. However, it  is important                                                                    
     to   note  that   SB  58   would  establish   the  most                                                                    
     restrictive   circumstances   in   the   country.   For                                                                    
     instance, thirty  days advance  written notice  must be                                                                    
     given  to the  insured  and any  lender  on record.  In                                                                    
     addition,  insurance  cannot  be  cancelled  where  the                                                                    
     owner   demonstrates  that   the   property  is   being                                                                    
     reasonably   maintained  and   monitored.   SB  58   is                                                                    
     responsible  legislation   that  helps   manage  claims                                                                    
     costs,  the  risk  pool  and   the  cost  of  insurance                                                                    
     coverage for Alaska homeowners.                                                                                            
                                                                                                                                
SENATOR  EGAN  said representatives  of  the  insurance and  real                                                               
estate industries  have worked on  this version of the  bill, and                                                               
he believes that  the current language protects  the interests of                                                               
both groups.                                                                                                                    
                                                                                                                                
SENATOR OLSON asked if property owners had weighed in on the                                                                    
bill because it appeared to favor the insurance industry.                                                                       
                                                                                                                                
6:21:16 PM                                                                                                                    
DANA OWEN, Staff, Senator Dennis Egan, explained that when the                                                                  
bill was originally introduced last year members of the                                                                         
community and  the real estate  industry voiced concern  with the                                                               
language.  Since then  the sponsor  has worked  with real  estate                                                               
agents to  make sure  that the interests  of property  owners are                                                               
protected. The  current language  will allow  insurance companies                                                               
to exercise  the authority to  cancel an insurance  contract, but                                                               
not  precipitously. Property  owners  who leave  their homes  for                                                               
several months won't have their insurance canceled.                                                                             
                                                                                                                                
SENATOR OLSON  posed a hypothetical  situation where he  left his                                                               
boat after  it went aground. He  asked if his insurance  would be                                                               
cancelled  if   the  boat  looked   abandoned  and   perhaps  was                                                               
vandalized while he was away.                                                                                                   
                                                                                                                                
MR. OWEN  explained that it  would have to be  entirely abandoned                                                               
under the  new language. That  means that nothing  of substantial                                                               
value is left behind.                                                                                                           
                                                                                                                                
SENATOR OLSON  questioned how he  could protect  himself, because                                                               
he'd have nothing left if  the insurance company could cancel his                                                               
insurance after an involuntary circumstance like he described.                                                                  
                                                                                                                                
MR. OWEN offered his understanding  is that the property would be                                                               
protected in that scenario.                                                                                                     
                                                                                                                                
SENATOR OLSON asked  if his insurance could be  cancelled even if                                                               
his payments were up to date.                                                                                                   
                                                                                                                                
MR. OWEN said  the intention is that as long  as a person intends                                                               
to maintain the property the insurance will not be cancelled.                                                                   
                                                                                                                                
6:25:25 PM                                                                                                                    
VICE-CHAIR  MICCICHE   reviewed  the   notice  provision   in  AS                                                               
21.36.220.                                                                                                                      
                                                                                                                                
6:26:05 PM                                                                                                                    
MARTIN   HESTER,   Deputy   Director,  Division   of   Insurance,                                                               
Department  of  Commerce,   Community  and  Economic  Development                                                               
(DCCED), introduced himself.                                                                                                    
                                                                                                                                
VICE-CHAIR  MICCICHE  asked  him   to  discuss  what  constitutes                                                               
abandonment.                                                                                                                    
                                                                                                                                
MR. HESTER explained  that AS 21.36.220 provides 30  day, 20 day,                                                               
and 10 day notice requirements  for cancellation depending on the                                                               
circumstances.                                                                                                                  
                                                                                                                                
VICE-CHAIR MICCICHE opened public testimony.                                                                                    
                                                                                                                                
6:27:37 PM                                                                                                                    
SHELDON WINTERS, Lobbyist, State  Farm Insurance, Juneau, Alaska,                                                               
informed the committee that State  Farm is the largest insurer of                                                               
homes in  both the state  and the  nation. He explained  that the                                                               
intent  of SB  58  is to  clarify that  personal  insurance on  a                                                               
property may be  cancelled in those limited  circumstances when a                                                               
property  is truly  and entirely  abandoned.  Foreclosure is  the                                                               
classic example.  Although the current  statute has  five reasons                                                               
that insurance  may be cancelled,  the Division of  Insurance has                                                               
said  that  under a  technical  and  strict interpretation  those                                                               
don't  allow for  abandoned property.  Alaska is  unique in  this                                                               
regard. In no other state  has State Farm had problems cancelling                                                               
insurance when the property is truly abandoned.                                                                                 
                                                                                                                                
MR. WINTERS  said this is  important because claims  drive rates.                                                               
When a property is left in the  middle of the winter with no heat                                                               
and nobody taking  care of it, the exposure  is significant. That                                                               
increases claims and  puts upward pressure on  rates for everyone                                                               
in the  risk pool.  The goal with  SB 58 is  to keep  claim costs                                                               
down, manage the  risk pool, and hopefully have  a better product                                                               
for  everyone. Referencing  the hypothetical  that Senator  Olson                                                               
described,  he said  the bill  doesn't apply  to that  situation.                                                               
It's not  talking about  the insurance  company trying  to cancel                                                               
the  policy  after an  accident  or  a  claim. The  bill  doesn't                                                               
address cancelation after there's been a claim.                                                                                 
                                                                                                                                
MR. WINTERS reviewed  the proposed new provision  to the statute.                                                               
It  says  the  insurer  may  not  cancel  a  policy  of  personal                                                               
insurance except  for the circumstance  of entire  abandonment of                                                               
the  property that  increases a  hazard  insured against.  Entire                                                               
abandonment  means the  property  is no  longer  occupied by  the                                                               
insured as  defined by the policy  and it no longer  has contents                                                               
of  substantial utility.  In addition  to the  current notice  of                                                               
cancellation provisions  in AS 21.36.220,  the bill  requires the                                                               
insurer to  give notice to  the lender. Another safeguard  to the                                                               
insured  is   that  the  property  is   not  considered  entirely                                                               
abandoned if  the insured  or their  agent demonstrates  that the                                                               
property is  being reasonably maintained and  monitored. Finally,                                                               
the  Division  of  Insurance  oversees   the  statute.  With  the                                                               
protections  provided,  it's  difficult to  imagine  a  situation                                                               
where  property   would  be  cancelled   other  than   the  total                                                               
abandonment/foreclosure situation. He reviewed  the work that has                                                               
gone  into this  legislation, which  he believes  it is  the best                                                               
statute in the country.                                                                                                         
                                                                                                                                
6:37:36 PM                                                                                                                    
VICE-CHAIR MICCICHE announced he would hold SB 58 in committee                                                                  
and keep public testimony open.                                                                                                 

Document Name Date/Time Subjects
SB93_Full_Text.pdf SL&C 4/4/2013 5:00:00 PM
SB 93
SB 93 - Sponsor Statement.docx SL&C 4/4/2013 5:00:00 PM
SB 93
SB 93 - Supporting Documents- Alaska Training Program Performance 2012.pdf SL&C 4/4/2013 5:00:00 PM
SB 93
3-28-13 More Appts to L&C #5.doc SL&C 4/4/2013 5:00:00 PM
Governor Appointments
HB71 ARDORs sponsor statement.pdf SL&C 4/4/2013 5:00:00 PM
HB 71
HB71 FIN_CS_Fiscal Note_DCCED DED 03 15 13.pdf SL&C 4/4/2013 5:00:00 PM
HB 71
HB71 supporting documents - ARDORS annual report.pdf SL&C 4/4/2013 5:00:00 PM
HB 71
HB71 Supporting documents - ARDORS program.pdf SL&C 4/4/2013 5:00:00 PM
HB 71
HB71_ARDOR audit request.pdf SL&C 4/4/2013 5:00:00 PM
HB 71
HB71_FIN_CS_Full Text.PDF SL&C 4/4/2013 5:00:00 PM
HB 71
SB93_Fiscal Note_DOLWD-CO-4-3-13.pdf SL&C 4/4/2013 5:00:00 PM
SB 93
SB93_Fiscal Note-UA-Sysbra-4-03-13.pdf SL&C 4/4/2013 5:00:00 PM
SB 93
SB93_Fiscal_Note_EED-TLS-4-2-13.pdf SL&C 4/4/2013 5:00:00 PM
SB 93
SB8_BPM_Presentation.PDF SL&C 4/4/2013 5:00:00 PM
SB 8
SB25_Support_Juneau Chamber.pdf SL&C 4/4/2013 5:00:00 PM
SB 25
SB25_Support_Letter_AKResturantBeverageAssc..pdf SL&C 4/4/2013 5:00:00 PM
SB 25