Insurers to cover mudslides and debris flows caused by fires

Times Santa Paula

The Community Voice of Santa Paula

A “Helpful Honda” volunteer adopted Morris the cat when the Helpful Honda team visited SPARC on Feb. 20.

‘Helpful Honda’ visits SPARC with donations and adopts Morris the cat There was an especially exciting day last week at Santa Paula Animal Rescue Center (SPARC) when the “Helpful Honda” crew, along with Katherine Schwarzenegger, visited Ventura County’s first nokill animal shelter to give SPARC animals some “Random Acts of Helpfulness!” During the Feb. 20 visit, the “Helpful Honda” crew donated items SPARC had on its wish list and filmed for several hours to provide SPARC with videos for use on social media. As soon as SPARC receives the videos, they will be posted. Nikki M. Reed, an executive in the entertainment industry, nominated SPARC for the “Helpful Honda” program. Reed said that when she read about the emergency evacuation of SPARC and most of the animals during the Thomas Fire, she was moved to do something to support the animals, so she asked Honda for help. Author and animal activist Katherine Schwarzenegger, the daughter of former California Gov. Arnold Schwarzenegger and journalist Maria Shriver, was the host for the day, along with four Honda volunteers who helped unload and store donations of pet food, toys and other much-needed

items. Schwarzenegger and the crew attended a playgroup for two large dogs named Brad and Angelina and were generous with the dog treats. The crew met and filmed several other animals throughout the day as well. The day’s final highlight came when one of the Helpful Honda volunteers adopted Morris, a big orange cat who was hanging out in the SPARC lobby. SPARC Executive Director Nicky Gore-Jones said: “Katherine Schwarzenegger was amazing. She connected with all the dogs she met and had no problem with the slobbery ones! It was an amazing day for SPARC’s animals to gain some exposure and to enjoy the company of new people. “We are grateful to Honda for their generosity and the crew was outstanding. There was such a positive feeling for the animals and their plight from everyone involved. “We want to thank our guests for this opportunity to spread the word about the animals at SPARC.” SPARC is a “No-Kill, NoExcuses,” 501(C3) city shelter/ pound in Santa Paula where every single animal arriving gets a second chance at life.

Author and animal activist Katherine Schwarzenegger also visited SPARC where she was interviewed in the lobby for the promotional video filmed by the “Helpful Honda” crew.

Friday, March 2, 2018

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Volume 26, Number 18 • $1.00 Includes Sales Tax

Insurance commissioner: Insurers to cover mudslides and debris flows caused by fires

By Marianne Ratcliff Santa Paula Times California Insurance Commissioner Dave Jones successfully pressed insurers in January to waive the inventory requirement in whole or in part for victims of the Thomas Fire, and early last month, he championed homeowners affected by mudslides, landslides and debris flows. His latest formal notice to insurers was issued less than a week before he met personally with Ventura County CEO Mike Powers and county Supervisors Kelly Long and Peter Foy in early February. That meeting followed a public presentation at Ventura College, where Jones said, “We are here today to provide assistance to Ventura County fire and mudslide survivors one on one.” In late January, Jones issued a formal notice to all property and casualty insurance companies “reminding them of their duty to cover damages from the recent mudslide and debris flows if it is determined that the ravaging of hillsides and vegetation by the Thomas and other fires was the ‘efficient proximate cause of the mudslides,’” he said. “In general,” he continued, “homeowners’ insurance policies exclude mudslide, debris flow and other similar events.” “However, Jones put insurers on notice that both the Insurance Code and case law have established the legal doctrine of ‘efficient proximate cause,’ which means if the facts show the Thomas Fire, a covered peril, was the efficient proximate cause of the subsequent mudflow, mudslides, debris flow, landslide, or other similar event, then damage caused by those events should be covered under the property owner’s policy,” he stated in a press release. “Californians have suffered greatly with all of the devastating losses from the wildfires that struck the state in the last three months of 2017,” Jones said. “Preliminary indications are that the Thomas Fire burned vegetation which would otherwise have absorbed rain fall and held soils in place, which, in turn, resulted in the mudflows, mudslides, debris flows or landslides. If the evidence

California Insurance Commissioner Dave Jones, far left, speaks with State Farm insurance company representatives on hand at a public workshop for members of the public to have questions answered about their insurance claims at Ventura College on Feb. 3. He is speaking with, from left, Gordon Mayfield of Dallas, Texas; Jose Rivas of Pismo Beach; John Grubaugh of Camarillo; Radi Stewart of Westlake; and Matthew Birdswell of Tennessee. shows theThomas Fire or another peril covered by a homeowner’s insurance policy was the efficient proximate cause of mudflow damage, I expect insurance companies to step up and cover these financial losses.” Jones said that prior to him issuing a formal notice about insurance companies covering mudslides and debris slides that occur as a result of a fire, most insurers said they would not cover them. Since he issued the notice, he said, “A number of them have changed their position.” Jones said he is encouraging residents and business owners affected by mudslides to file a claim with their insurance company. If they have issues navigating the claims process or think their claim was wrongfully denied, he encourages them to contact the Department of Insurance at 1-800-927-4357 or

online at www.insurance.ca.gov for assistance. He also encourages residents to get flood insurance. “People are trying to figure out their insurance policies,” which is why having the insurance commissioner bring his resources to Ventura County is so helpful, said Supervisor Long, whose supervisorial district includes Santa Paula. County CEO Powers and Long spoke about ways county Emergency Services is working to help notify people about risks of post-fire mudslides and debris flows through a telephone alert system called VCAlert. They encourage people to sign up online to receive text alerts about evacuation notices and weather advisories at venturacountyrecovers.org or by calling 805-648-9283. Along with listening to

emergency personnel, residents should continue to look out for their neighbors, Powers said. In addition to his formal notices to insurers, the insurance commissioner, who is running for state attorney general, is backing eight bills and two additional legislative proposals to strengthen consumer protections for wildfire survivors making insurance claims in the future. Among the legislators supporting the bills is Ventura County Assemblywoman Monique Limon, a Democrat who represents the 37th District, which runs along the coast in Santa Barbara and Ventura counties, and includes Santa Paula, Fillmore, Ojai, Ventura, Oxnard and unincorporated areas. (See

INSURANCE: Continued on Page 3

Tickets going fast to honor Thille, Johnsons and more at Chamber dinner By Peggy Kelly Santa Paula Times Tickets are going fast for the March 8 Santa Paula Chamber of Commerce celebration of caring and accomplishment at the Awards Banquet and State of the City Address where Debbie and Don Johnson will be honored with the Dr. Sam Edwards Lifetime Achievement Award and rancher/ philanthropist Dorcas Thille lauded as Citizen of the Year. Armstrong Growers will be recognized as Large Business of the Year and Zapparelli’s Pizzeria lauded as Small Business of the Year. The Non-Profit Community Service of the Year Award is being given to the lifesaving National Disaster Search Dog Rescue Foundation and the Beautification Award is honoring the new courtyard at Our Lady of Guadalupe Church. “Our heartfelt congratulations and thank you to these special recipients,” said Chamber CEO Jack Pitluk, who promised the evening would be one of community pride. “Through its member nominations, the Santa Paula Chamber of Commerce is honored to recognize the 2017 award recipients for excellence, service to the community, and their many contributions toward making Santa Paula a great place

to live, work, and play.” Pitluk added, “We are also honored to have as our guest speaker the honorable mayor of Santa Paula, Ms. Ginger Gherardi, who will present the Mayor’s Annual State of the City Address.” The March 8 celebration dinner will be held at the Palazzio Events Center, 814 E. Main St., Santa Paula, starting at 5:30 p.m. Tickets are $50 each; seating will be assigned for this grand party open to everyone. Pitluk said each recipient is unique, but all share in community support and accomplishment. “Citizen of the Year Dorcas Thille had been a strong behindthe-scenes supporter her entire life,” who has carried on her late father’s mantra: “Invest in the community in which you live to make it the community you wish to live in,” Pitluk said. “She stands by that. She really does. She really is the epitome of ‘I was never here, but let’s do this…’ ” Debbie and Don Johnson were selected for the Dr. Sam Edwards Lifetime Achievement Award for their community engagement and activism as well as keeping Santa Paulans informed through their Santa Paula Times newspaper. “ W h e r e h av e n ’ t t h e y influenced and helped write the history of Santa Paula for 25 years?” asked Pitluk. “That’s

almost 25 percent of Santa Paula’s history as a city!” He noted Mary Alice Orcutt Henderson’s 1986 book,“Glancing Through the Headlines,” that covers the period of 1916 through 1924, “captured so much of Santa Paula; that is an awesome thing. And you realize the Johnsons have not only helped document Santa Paula’s history, but also been a part of that history. They’ve been involved in every nook and cranny to make things better.” Large Business of the Year Armstrong Growers has continued the good works of its predecessor, DoRight’s Nursery, since it purchased the company from Dianne and Dudley Davis, who founded America in Bloom. The organization has done numerous beautification projects, but their most notable is the hanging flower baskets decorating the historic downtown. “Even through Armstrong is a giant of a regional commercial grower, they picked up one of the most important things — regularly watering and maintaining all those flower baskets for America in Bloom,” Pitluk said. He noted, “Those flowers really help make the downtown even more special than it is, and we appreciate it so much that Armstrong picked up the baton” and the watering truck hose, “to

help keep our unique downtown area as beautiful as it is.” Small Business of the Year Zapparelli’s Pizzeria is the pizza place to go, said Pitluk. And, aside from tasty pizza and must-not-miss lunch specials, “look at all the youth teams they support!” he said. Owner Gary Zapparelli has owned the restaurant for decades, running it as a franchise before he became an independent, which allowed him to expand his support of youth sports and the community. “We’re always there for our pizza and our sandwiches, and Gary is such a valued member of the community,” Pitluk said. “It is very gratifying to give it to someone so modest — he’s quiet, but had a big smile when he was called out and recognized” as the winner of the award at the Feb. 7 Super Mixer. Our Lady of Guadalupe Church was recognized for Beautification because of the vast courtyard built at the historic church, designed by JohnTurturro of Santa Paula. “On top of what they have

CHAMBER: Continued on Page 4

NEWS

FRIDAY, MARCH 2, 2018

Insurance sidebar article on Jones’ “Wildfire Survivor Recovery Blueprint.”) Jones has seen the devastation from the fires and their aftermath firsthand, visiting the burn areas and evacuation centers inVentura and Santa Barbara counties in December, shortly after the Dec. 4 Thomas Fire started, and in early February. “It is heartbreaking,” Jones said. “It’s important for me to talk with fire and mudslide survivors to understand their issues with their insurance companies. It informs what actions I take. The reason I took this job is I have a passion for consumer protection and protecting people.” It is a passion the former publicinterest attorney hopes to apply as attorney general, if he is elected in November. He held the daylong insurance workshop at Ventura College on Feb. 3 to help ensure people know their rights. He said he is concerned that, in the wake of the Thomas fire, insurers will adjust their risk models and assign higher-risk scores in Ventura County, and that it is up to his department and leg islator s to ensure adequate insurance is available to Californians. He explained some insurance terms, such as the difference between insurance renewal and cancellation. Under California state law, in the case of a declared disaster in which an insured has suffered a total loss, the insured’s policy must be insured for at least another year. He is also warning people not to fall prey to scam artists who often surface during disasters. He advised people be wary of signing contracts with contractors and private adjusters, unless they have been vetted. Representatives from several insurance companies also set up tables at Ventura College to provide printed information and answer questions. Before leaving the college, Jones shook hands and spoke with the insurance representatives and wildfire survivors seeking assistance with their insurance claims.

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California Insurance Commissioner Dave Jones, left, meets with Ventura County Supervisor Kelly Long and county government CEO Mike Powers at a public meeting for wildfire survivors to have their insurance questions answered by Californa Department of Insurance staff at Ventura College on Feb. 3. Supervisor Peter Foy also attended and is not pictured.

Commissioner’s Wildfire Survivor Recovery Blueprint Below are some of the bills California Insurance Commissioner Dave Jones is partnering with legislators to pass to assist people dealing with recovering from a disaster, such as the Dec. 4 Thomas Fire: — Senate Bill 894 (Bill Dodd) Option to combine all major coverages and renewal after declared disaster. After a declared disaster, this bill will allow an insured the option to combine unused primary structures, other structures, contents and additional living expense coverage amounts to rebuild their home — protecting insureds who may be underinsured for the Primary Structure, yet have unused coverage in the Other Structures coverage or Contents coverage. This proposal also extends policy renewal protections for a consumer suffering a total

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loss from one renewal to two renewals or 24 months. The bill will also extend the time to collect additional living expense (ALE) from 24 to 36 months after a declared disaster. — SB 897 (Mike McGuire) Clarify additional living expense scope and codify expedited claims process. This proposal clarifies the scope of additional living expense coverage. After major events, unique situations arise that should be covered under ALE. For example, after a wildfire, there may be a lack of hotels or other traditional forms of housing.This proposal would require insurers to cover expenses for Airbnb, shortterm rentals or renting an RV while the policyholder’s home is being

rebuilt.This proposal also codifies voluntary Expedited Claims/ Billing Procedures triggered by a total loss to an insured. It would automatically trigger and make mandatory expedited claims and billing procedures after a major wildfire to help policyholders facing total losses begin recovery sooner. Issues addressed include: payment of up to four months of advanced ALE, standard contents advance payment of at least 25 percent of policy limits without a completed inventory list, grouping categories of personal property instead of a detailed itemized list, contents coverage settlement where a policyholder could settle for 80

Congratulation Dorcas Thille Santa Paula Chamber of Commerce Citizen of the Year! Charles F. Stewart, D.D.S. and staff

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percent of the contents limit with itemizing a home inventory, and an insurance billing grace period. — Assembly Bill 1772 (Cecilia Aguiar-Curry) Extend time to rebuild and collect full replacement cost. Extends the time to rebuild and collect full replacement cost from 24 to 36 months after a declared disaster. After a major event, there is often a shortage of qualified workers in the construction industry coupled with a demand surge for construction workers needed to rebuild structures.This law will give wildfire survivors additional time to rebuild and collect replacement costs from insurers. — AB 1797 (Marc Levine) Require replacement cost estimate at each renewal. Requires an insurer to conduct a Replacement Cost Estimate for new residential insurance policies and at each annual renewal. Cur rently, insurersarenotrequiredtoconduct replacement costs estimates or to update the estimates on a regular basis to keep up with the rising costs of construction over the life of the insurance policy, which leads to underinsurance problems for consumers/policyholders. — AB 1799 (Levine) Copy of complete policy documents. Requires insurers to provide a copy of complete policy documents to insureds upon request, while also clarifying what documents are to be provided.

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— AB 1800 (Levine) Clarify right to full replacement cost. Clarifies an insured’s right to collect the full replacement cost of their home in the event of a total loss, whether they decide to rebuild, replace at another location or purchase an alreadybuilt home at a new location. It also ensures policyholders receive full replacement costs, including addition Extended Replacement Cost coverage purchased by the insured, which is often withheld by insurers if a consumer purchases property in a new location. — AB 1875 (Jim Wood) Mandatory offer of Extended Replacement Coverage. Requires residential property insurers to provide a mandatory offer of extended replacement cost coverage of no less than 50 percent upon issue or renewal of a residential property insurance policy to ensure policyholders are adequately insured and protected from the dangers of being underinsured. — AB 1923 (Monique Limon) Debris removal. In order to expedite the debris removal process for the health and safety of the public, this proposal would put in law the Consolidated Debris Removal program, requiring insurers to participate after a declared disaster. The proposal also clarifies the two main types of property coverage and how the Consolidated Debris Removal Program will work with each.

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