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Updates to CA SB1159 & CA AB685

Updates to CA SB1159 & CA AB685

Dec 9, 2022 | Claims Insights, Legal Notices

​New California Assembly Bills Extend Preexisting Requirements

 

The new Assembly Bill No. 1751, approved by California Governor on September 29, 2022, sunsets the existing COVID-19 presumption and claim requirements put in place by Senate Bill No. 1159, and extends the date from January 1, 2023 to January 1, 2024.

View Bill No. 1751

Likewise, Assembly Bill No. 2693 adds to Assembly Bill No. 685 (AB 685) and modifies occupational safety standards to require employers to provide notice and report information related to COVID-19 workplace exposure within one day of notice of the exposure. The bill also expanded Cal/OSHA’s authority to enforce COVID-19 related notice requirements and impose civil penalties for an employer’s failure to comply. This bill extends the applicability of AB 685 from January 1, 2023 to January 1, 2024. Among other provisions, the bill requires that if an employer receives notice of potential exposure to a “qualifying individual”, the employer must take specific steps to notify employees within one business day. The bill prohibits employers from requiring employees to disclose medical information unless otherwise required by law and from retaliating against a worker for disclosing a positive COVID-19 test or diagnosis or order to quarantine or isolate. Additionally, the bill provides that if an employer is notified that the number of its COVID-19 cases meets the definition of an outbreak, as defined by the California Department of Public Health, the employer must notify its local public health agency within 48 hours of the names, number, occupation and worksite of the “qualifying individuals”. Further, AB 685 included potential COVID-19 exposure as an imminent hazard and expanded Cal/OSHA’s authority to prohibit entry into the workplace on this basis. Any restrictions imposed by Cal/OSHA must be limited to the immediate area where the imminent hazard exists and must not prohibit any entry within a workplace that does not cause a risk of infection. Finally, Cal/OSHA may not impose restrictions that would materially interrupt “critical government functions” essential to ensuring public health and safety, or the delivery of electrical power or water.

WCIRB Bill Summaries

Governor Newsom Signs New Legislation

Governor Newsom Signs New Legislation

Sep 17, 2020 | Legal Notices

Governor Newsom Signs New Legislation

 

SACRAMENTO — Governor Gavin Newsom today signed two bills as part of his worker protection package, SB 1159 by Senator Jerry Hill (D-San Mateo) and AB 685 by Assemblymember Eloise Gómez Reyes (D-San Bernardino). SB 1159 expands access to workers’ compensation and makes it easier for first responders, health care workers and people who test positive due to an outbreak at work to get the support they need, including necessary medical care and wage replacement benefits. AB 685 ensures timely notification to employees and local and state public health officials of COVID-19 cases at workplaces. This notification will help workers take necessary precautions such as seeking testing, getting medical help or complying with quarantine directives.

Click here to read full press release from Office of the Governor.

 

 

 

Notice to New Jersey Policyholders

Notice to New Jersey Policyholders

May 18, 2020 | Legal Notices

Notice to New Jersey Policyholders

 

90-Day Grace Period for Insurance Premium Payments due During COVID-19 Pandemic

In accordance with the Executive Order No. 123 that was issued by Governor Phil Murphy and Bulletin No. 20-15 of the New Jersey Department of Banking and Insurance (DOBI), we are directed to refrain from cancelling any policy or contract for nonpayment for a period of time as directed by the DOBI.

Pursuant to the Bulletin, the DOBI is directing all licensed property and casualty insurers to provide their insureds who may be experiencing a financial hardship due to COVID-19 with at least a 90-day grace period to pay insurance premiums so that insurance policies are not cancelled for nonpayment of premium during the COVID-19 pandemic. An insured may elect this 90-day emergency grace period to begin retroactively on April 1, 2020 or opt for the grace period to begin on May 1, 2020. During this extended grace period, we shall not cancel any insurance policy for nonpayment.

In addition, Berkshire Hathaway Homestate Companies will adhere to the Bulletin’s following directives which require that we:

  • Waive late payment fees otherwise due, and not report late payments to credit rating agencies, during the 90-day period;
  • Allow premiums due but not paid during the 90-day period to be paid over the remainder of the current policy term or up to 12 months in up to 12 equal installments, whichever is longer, and
  • Ensure that late payments during the 90-day period are not considered in any future premium calculations at any time.

Furthermore, this grace period is intended to be applied to all installment payments, including renewal down payments, provided you provide notice to us that you wish to continue coverage. Please note that this grace period is not intended to change the terms of the issued policy or be considered a forgiveness of the premium. Rather, we are extending a grace period for the payment of premium due without penalty or interest.

If we do not hear from you, the grace period will begin on April 1, 2020.

Please contact your agent to discuss your grace period selection. In addition, if you have additional questions you may contact us at clientservices@bhhc.com.

Notice for New York Policyholders

Notice for New York Policyholders

Apr 3, 2020 | Legal Notices

Notice for New York Policyholders

 

If you would like to discuss billing or make alternative payment arrangements or if you have any questions about the below, please contact us at (888) 495-8949.

Dear Policyholder,

A recent Executive Order issued by Governor Cuomo, together with recent amendments to the insurance and banking regulations (the “regulations”) issued by the New York State Department of Financial Services (“Department”), extend grace periods and give you other rights under certain property/casualty insurance policies if you are an individual or small business and can demonstrate financial hardship as a result of the novel coronavirus (“COVID‑19”) pandemic (“affected policyholder”). These grace periods and rights are currently in effect but are temporary, though they may be extended further.  Please check the Department’s website at https://www.dfs.ny.gov/consumers/coronavirus for updates.

If you are an individual, generally, personal lines property/casualty insurance policies are covered by these amendments, including auto, homeowners’ and renters’ insurance.  If you are an individual and an affected policyholder, please contact us if you are uncertain whether your policy is covered.

If you are a small business, only certain types of commercial lines property/casualty insurance policies are covered by these amendments, generally including property, fire, commercial general liability, special multiperil, medical malpractice, workers’ compensation, commercial auto (including livery and other for-hire vehicles), and commercial umbrella insurance. A business qualifies as a “small business” if it is resident in New York State, is independently owned and operated, and employs 100 or fewer individuals. If you are a small business and an affected policyholder, please contact us if you are uncertain whether your policy is covered.

 

Moratorium on Cancellation, Non-Renewal, and Conditional Renewal

If you are an affected policyholder, there is a moratorium on us cancelling, non-renewing, or conditionally renewing your property/casualty insurance policy for a period of 60 days.  If you do not make a timely premium payment and can demonstrate financial hardship as a result of the COVID-19 pandemic, we may not impose any late fees relating to the premium payment or report you to a credit reporting agency or a debt collection agency regarding such premium payment.

Catching up on Overdue Insurance Payments

The regulations also require us to permit you, as an affected policyholder, to pay the overdue premium over a 12-month period if you did not make a timely premium payment due to financial hardship as a result of the COVID-19 pandemic and can still demonstrate financial hardship as a result of the COVID-19 pandemic.  This also applies if we sent you a nonpayment cancellation notice prior to March 29, 2020.

Policies Financed by Premium Finance Agencies – Grace Period

If your insurance policy has been financed through a premium finance agency, and you, as an affected policyholder, do not make an installment payment, the premium finance agency may not cancel your policy for a period of at least 60 days, including any contractual grace period, and subject to the safety and soundness of the premium finance agency.  In addition, if you do not make a timely installment payment to the premium finance agency, the premium finance agency must extend the due date for the installment payment by at least 60 days, may not impose any late fees relating to that installment payment, and may not report you to a credit reporting agency or a debt collection agency regarding that installment payment.

Catching up on Overdue Payments to Premium Finance Agencies

If you, as an affected policyholder, do not make a timely installment payment to the premium finance agency due to financial hardship as a result of the COVID-19 pandemic, the premium finance agency must permit you to pay the installment payment over a 12-month period if you can still demonstrate financial hardship as a result of the COVID-19 pandemic, subject to the safety and soundness of the premium finance agency. This also applies if the premium finance agency issued a non-payment cancellation notice prior to March 29, 2020.

How to Demonstrate Financial Hardship

If you, as an affected policyholder, are unable to make a timely premium payment due to financial hardship as a result of the COVID-19 pandemic, you may submit to us or your premium finance agency, as applicable, a statement that you swear or affirm in writing under penalty of perjury that you are experiencing financial hardship as a result of the COVID-19 pandemic, which we or your premium finance agency, as applicable, must accept as satisfactory proof.  Such statement need not be notarized.

Questions

If you have any questions regarding your rights under the Executive Order or regulations, please contact us or your premium finance agency.

 

 

 

Notice for Colorado Policyholders

Notice for Colorado Policyholders

Apr 3, 2020 | Legal Notices

Notice for Colorado Policyholders

 

This notice is provided pursuant to Bulletin No. B-5.38 issued by the Colorado Department of Regulatory Agencies, Division of Insurance on March 27, 2020, which requires insurance companies to make reasonable accommodations to prevent individuals and business from losing coverage due to cancellation for the non-payment of premium during this unprecedented time.

In response to the ongoing COVID-19 crisis, we are suspending cancellations for non-payment until June 1, 2020, and we are not assessing late fees for premiums due on or before June 1, 2020. As circumstances develop over the next few weeks, we will revisit and adjust this timing as needed. If you are experiencing financial hardship as a result of the COVID-19 pandemic, please call us at (888) 495-8949 to discuss billing and make alternative payment arrangements.

We encourage you to use electronic payment technology and electronic bank transfers whenever possible. You may submit a premium payment here: bhhc.com.

Berkshire Hathaway Homestate Insurance Company

Continental Divide Insurance Company

Oak River Insurance Company

Redwood Fire and Casualty Insurance Company