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June Ballot Measure May Change Car Insurance Laws


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June Ballot Measure May Change Car Insurance Laws











SAN FRANCISCO (CBS 5) ―


In 1988, California voters passed Proposition 103, which lowered insurance rates and regulated the state’s insurance industry like never before. But now comes a challenge to Prop. 103 in the form of an initiative on the June ballot called “The Continuous Coverage Auto Insurance Discount Act.”

“The way the market works today is, if you stay with the provider you’re with, you can get a continuous coverage discount, it could be anywhere from 7 to 10 percent. But if you leave your company because you’re unhappy with the service or for whatever reason, you don’t get that discount,” said Jim Conran, the campaign’s spokesman.

But he said you could get that “continuous coverage discount” with your new insurer, if his initiative passes.

But the initiative has brought out a powerful opponent: the man who wrote Prop. 103 and got it passed 22 years ago: consumer advocate Harvey Rosenfield.

“The big truth is it’s not just a discount, it’s a surcharge for millions of Californians who could find rate increases of up to 277 percent on their auto insurance if this Mercury Insurance Company initiative passes,” Rosenfield said.

In fact, Mercury Insurance is the prime sponsor of the initiative – having put an estimated $4.5 million into the campaign to pass it so far. So is it really a discount?

CBS 5: “But under this initiative insurers would not be forced to lower rates for new customers, right?”

Conran: “No. No.”

CBS 5: “So we don’t have any guarantee that the rates will go down.”

Conran: “There’s never a guarantee, but the fact is that most providers offer that discount today. And so because they offer that discount today, we expect that they’ll say well now we can go after other consumers.”

But Rosenfield sees a worse scenario, based on other states that already have similar rules in place.

“The worst thing is for everybody, premiums will go up because there will be more uninsured motorists on the road. This is what California was like before Proposition 103. If you can’t afford to buy insurance, then you’re driving without insurance,” Rosenfield said. “The rest of us who do buy insurance have to buy extra coverage to cover ourselves against uninsured motorists.”

Responding to opponents’ claims, Conrad said, “Again the laws in California are very different from other states. I don’t know what the other states do. But I do know that under California law, under Proposition 103, which regulates the insurance industry. The only thing that’s going to be changed is your ability to go from one place to another.”

But that change will be up to the voters, in June.

Late Tuesday, Rosenfield’s consumer group asked Attorney General Jerry Brown to change the ballot language for the proposition. They feel the title should not call it an “Auto Insurance Discount.”


(© MMX, CBS Broadcasting Inc. All Rights Reserved.)

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By Ivan Penn, Times Staff Writer

Posted: Jan 15, 2010 10:56 AM


What is pay-as-you-drive insurance?

Pay-as-you-drive insurance “bases insurance cost on the number of miles driven incorporated with existing rating factors, such as a driver’s accident history or geographical location,” Sean M. Shaw, the state insurance advocate, said in his recent report on the issue.

Shaw says on April 1, the new insurance offering will be available to Floridians through Progressive American Insurance Co., the first to offer the new program.

For more information about the program, see Shaw’s full report at: http://www.myfloridacfo.com/PressOffice/Newsletter/

[Last modified: Jan 17, 2010 01:26 PM]



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State insurance fraud fighting bureaus are seeing a significant spike in fraud cases while trying to manage with lower budgets and staffing in the downturned economy of 2009, according to a survey by the Coalition Against Insurance Fraud.

Cases increased in all 15 types of fraud schemes, these state agencies say.

“The troubled economic climate confronts many fraud bureaus with the severest challenge they’ve faced in years. But a positive outcome could be greater efficiency in combating schemes as fraud bureaus find better ways to fight crime with the resources they do have,” says Dennis Jay, the coalition’s executive director.

Agent schemes form by far the largest increases. Seven of 10 fraud bureaus report a spike in agent cases. Nearly 40 percent of fraud bureaus say their producer caseload was much higher, reveals the survey of 37 fraud bureau directors conducted in October 2009.

Anxious drivers continued ditching unwanted vehicles for insurance payouts in one of the defining fraud trends of the troubled economy. Seven of 10 fraud bureaus report more vehicle giveup cases, the coalition’s survey shows.

More homeowners literally are burning with desire for insurance bailouts as well. Nearly two thirds of fraud bureaus report increased home arson cases. This trend appears to involve regional or local hotspots instead of an evenly spread national problem, the coalition’s survey notes.

Shakedowns of businesses also appear to be spreading, with 60 percent of fraud bureaus seeing spikes in suspected bogus liability claims. “Reports of increases in slip-and-fall claims from insurers and self-insurers—especially grocers, department stores and restaurants—began surfacing in early 2009 and seem to have continued,” the coalition’s survey says.

Bogus health plans are spreading rapidly around the U.S. as well, exploiting the large market of uninsured Americans. Most fraud bureaus report a spike in fake health plans, with nearly 40 percent saying their caseload was much higher.

Prescription drug abusers also are on the loose. More than 60 percent of fraud bureaus report more cases involving diversion of painkillers and other addictive prescription drugs such as painkillers. Drug diversion has spread with alarming speed around the U.S. in recent years, with insurers paying billions of dollars for illicit prescriptions.

Many fraud bureaus are being forced to manage this spreading crime trend with smaller budgets and staff, the coalition’s survey reveals.

Some 63 percent of fraud bureaus report lower budgets for 2009. “This is somewhat surprising, given that a majority of the fraud bureaus were created with dedicated funding, specifically assessments on insurers,” the survey notes.

Nearly a quarter of the fraud bureaus also lost staff positions this year, and a third of these agencies were forced to leave vacant positions unfilled.







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Ruiz was convicted last year of soliciting charitable donations from insurance companies in exchange for reducing regulatory fines. He directed companies to make payments to a nonprofit health foundation closely connected to his supervisor or an arts group that bought a bilingual children’s book Ruiz had written. Ruiz earned royalties from the books.

The health foundation, Con Alma, was formed by former State Insurance Superintendent Eric Serna, who had recruited Ruiz for his regulatory job.

In an unanimous decision, the 10th U.S. Circuit Court of Appeals affirmed Ruiz’s convictions of extortion, mail fraud, wire fraud and corruption solicitation. He has been sentenced to four years in prison.

Ruiz worked as deputy insurance superintendent from June 2001 through July 2006.

Serna retired in 2006 in an agreement with the state Public Regulation Commission after it suspended him over conflict-of-interest issues, including some involving Con Alma.

The appeals court rejected Ruiz’s arguments that state law allowed him to solicit charitable contributions instead of collecting fines for insurance regulatory violations.

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State officials are looking at beefing up the state’s electronic insurance verification system by setting up cameras across the state to randomly record vehicle tags.

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