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California Group Files Lawsuit to Prevent Insurers from Imposing Surcharges Following LA Fires


The state insurance commissioner has permitted companies to implement surcharges amounting to $500 million.

A consumer advocacy organization has initiated a lawsuit to prevent California insurers from charging policyholders $500 million in surcharges intended to cover expenses incurred from the catastrophic fires in Los Angeles County this past January.

The lawsuit, filed on April 14 in Los Angeles Superior Court by Consumer Watchdog, seeks to block the approval of these surcharges by the state Insurance Commissioner, which insurers intend to levy to recover the funds they had to supply to the California FAIR Plan, the state’s insurer of last resort.

California’s FAIR Plan (Fair Access to Insurance Requirements) offers basic coverage to homeowners who cannot secure fire insurance in the private market. Established by state law, the FAIR Plan mandates that all insurers licensed to operate in California contribute financially to its fire insurance pool.

In February, Insurance Commissioner Ricardo Lara authorized the FAIR Plan’s request for $1 billion from its member companies to address claims related to the Los Angeles County fires. According to regulations established last year, insurers are permitted to recover half of the FAIR Plan assessment by passing the cost onto their policyholders—this amounts to $500 million—pending the commissioner’s approval.
The lawsuit contends that the 2024 regulations infringe upon FAIR Plan statutes, which “do not authorize pass-throughs,” as stated by Consumer Watchdog in an April 15 release. It also claims that these decisions were made without any public consultation, thereby violating the Administrative Procedure Act.

The Epoch Times has reached out to Lara’s office for comment.

Consumer Watchdog aims to protect policyholders both now and in the years to come.

The organization stated, “California homeowners may find themselves responsible for up to $500 million of the $1 billion FAIR Plan assessment approved…following the Palisades and Eaton Canyon wildfires. There are no limitations on the surcharges that can be passed to homeowners in the future, and upcoming wildfires could result in homeowners being responsible for billions more in assessment fees.”

Ryan Mellino, an attorney for the group, commented, “While we acknowledge that the FAIR Plan has significantly expanded recently and agree that action is necessary to address the issue, a unilateral bailout of hundreds of millions is not the solution.”

The American Property Casualty Insurance Association (APCIA), which consists of over 1,200 insurance companies nationwide, described the lawsuit as “a reckless and self-serving stunt.”

According to an APCIA statement, the lawsuit “risks exacerbating California’s insurance crisis and negatively impacting consumers.”

APCIA further stated, “Insurers have already paid tens of billions in claims and have contributed over $500 million to ensure the solvency of the FAIR Plan, despite not receiving premiums from FAIR Plan policyholders.”



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