Regulatory Roundup: Protections for California Policyholders Amidst Wildfires and a Lesson in Rebating Laws 

State-by-state variations of laws, compliance protocols, industry transparency, and general regulatory culture can lend one the impression that keeping up with industry changes is a little bit like herding cats. So, what better way to wrangle some of the more localized insurance news than in a Regulatory Roundup?

On an ongoing basis, in no particular order or rank, we’re wrestling the various regulatory changes, compliance actions, and commissioner decisions into our roundup. As a disclaimer: There’s a lot going on at any given time in these here United States, so this isn’t a comprehensive picture of state-level action by any means. Think of it, instead, as a sampler platter of regulation. 

Also important to note: If we’re recapping interpretations of legal decisions, this is some armchair insurance speculation and not at all legal advice. If you need legal advice, get a lawyer. 

California commissioner moves to protect Californians amidst ongoing wildfires 

For tens of thousands of California residents, 2025 is off to a devastating start. Since Jan. 7, 2025, an ongoing series of wildfires have broken out in several areas of Southern California, displacing multiple communities and claiming the lives of at least 25 individuals as of this writing. As firefighters continue to battle blazes across the state, Commissioner Ricardo Lara has issued multiple bulletins in an effort to protect Californians from further damage and stress as it relates to:

Access to critical health care 

In a Jan. 8, 2025 notice, Lara directed health insurance companies in the state to maintain health care access for consumers impacted by the fires. The notice asks that all CA health insurers submit plans detailing how they’ll ensure continued access to medically necessary health care services, including prescription drug refills for the duration of the declared State of Emergency. 

Insurance policy availability 

On the homeowners insurance side, Lara has issued a mandatory one-year moratorium on insurance non-renewals and cancellations.The original bulletin shielded individuals within the perimeters or adjoining ZIP codes of the Palisades and Eaton fires in LA County for one year, regardless of whether they suffered a loss. Speaking on the decision, Commissioner Lara stated, “I am using my moratorium powers to prevent insurance companies from canceling or non-renewing policies in wildfire impacted areas, so people don’t face the added stress of finding new insurance during these horrific events.” The bulletin has since been amended to encompass communities impacted by the Hurst, Lidia, Sunset, and Woodley fires in Los Angeles and Ventura Counties. Individuals can use this service on the California Department of Insurance (DOI) website to find out if their ZIP code is included in the moratorium.

Increased risk of fraud

An unfortunate side effect of catastrophic events like the CA wildfires is the increased risk of fraud. To crack down on any fraudsters looking to take advantage of the vulnerable, Lara is sending the Department’s enforcement team out in full force to safeguard communities against anyone targeting wildfire survivors. In a Jan. 11, 2025 press release, the California DOI directed policyholders to a page on their website containing tips and resources for avoiding scams after a disaster. Commissioner Lara also issued a notice to public adjusters reminding them of the laws in place dictating how and when to contact individuals affected by the wildfires. 

Evacuation costs

Many consumers are unaware that they may have coverage under their homeowners or renters insurance policy to help cover certain evacuation and recovery expenses. Commissioner Lara reminds policyholders who have been ordered to evacuate that their homeowners or renters insurance may be able to help cover certain evacuation and relocation costs under Additional Living Expenses (ALE) coverage. ALE coverage typically includes food and housing costs, furniture rental, storage and transportation costs, and more. 

Gifting gone wrong

What may have seemed like an innocent gift led to the largest fine one state has ever levied on a licensed agent. In a Jan. 6, 2025 news release, the North Dakota Insurance Department reported that a Fargo insurance agent by the name of Tyler Bjerke was penalized for two instances of gifting that violated the state’s rebating laws.

North Dakota’s rebating laws explicitly prohibit insurance agents from providing gifts valued at over $100 per year to both current and potential clients. Any monetary gifts, physical gifts, or entertainment activities valued at over $100 could constitute bribery and give agents an unfair competitive advantage.

An investigation by the North Dakota Insurance Department revealed that Bjerke gifted 182 pub-style tables to both current and potential clients. With an estimated retail value of over $200 per table, this act alone clearly exceeded the state’s rebating limit, but Bjerke’s gifting didn’t stop there. He also hosted a Sawyer Brown Band concert to which he offered current and potential clients free admission‌. In its investigation, the Department calculated the value of admission to be over the $100 limit. 

Speaking about the situation, North Dakota Insurance Commissioner Jon Godfread says insurance sales should be based solely on “the competitive coverage options and premiums offered by an agent, not by those who can offer kickbacks in exchange for business.” While producers in the state are free to offer value-added products and services that mitigate clients’ risk, reduce claims, or provide education, the pub tables and free concert admission did nothing of the sort and therefore violated state law. 

As punishment, Bjerke received a $136,500 fine, the largest North Dakota has ever imposed on a licensed insurance agent. If you’re a licensed insurance producer looking to treat your current or potential clients to a nice gift, be sure to check your state’s laws first!  

Other state regulatory changes

Alabama issued a bulletin requiring all nonresident surplus line brokers to have a bond on file for $50,000 to remain in good standing for the duration of their licensure. 

Alaska posted the results of a recent public hearing in which the state solicited testimony regarding the types of insurance for which insureds generally cannot secure coverage from admitted insurers. As a result of the hearing, the state’s surplus lines placement list will be amended to add hotels and motels built before 1990 as well as non-owned and hired trailers requiring $100,000  or more in coverage. 

Illinois has relocated its Department of Insurance’s Chicago Office. The office can now be found at 115 South LaSalle Street, 13th Floor Chicago, Ill 60603. Congrats on the move!

Indiana updated various retaliatory fees for nonresident licensing, nonresident renewal, nonresident adjuster licensing, and nonresident adjuster renewal transaction types effective Jan. 10, 2025. If you’re looking for a refresher on retaliatory fees, we’ve got you covered. 

Maryland issued a bulletin on Jan.14, 2025 asking all insurers, non-profit health service plans, and dental plan organizations authorized to issue insurance contracts that provide health insurance, life insurance, property insurance, or casualty insurance in the state to provide contact information to the Maryland Insurance Administration by close of business on April 15, 2025. Login IDs and passwords are being emailed to the primary contacts listed for each company, but can also be obtained by emailing ceau.mia@maryland.gov. More details, including what information is needed, can be found here.

Nebraska is updating its retaliatory fees for initial appointments. New fees for ‌the affected states and territories are as follows:

• Connecticut: $20
• Georgia: $20
• Guam: $25
• North Carolina: $11
• Vermont: $80
• Virginia: $8

Rhode Island is updating its appointment expiration dates on the Producer Database effective Jan. 15, 2025. The current date of March 1, 2026 will be updated to Jan. 1, 2026 and all future 2025 appointments will automatically update to that date going forward. 

South Carolina is extending its State of Emergency bulletin from Hurricane Helene by an additional 90 days. Nonresident adjusters or motor vehicle physical damage appraisers can continue handling adjustments without needing to be licensed in South Carolina until April 25, 2025.

South Dakota clarified its resident and nonresident language and added new long-term care training requirements. The new requirements state that an individual may not sell, solicit, or negotiate long-term care insurance unless the individual:

1. Is a licensed health or life producer
2. Completes a one-time 8-hour training course prior to selling, soliciting, or negotiating long-term care insurance, and 
3. Completes 4 hours of ongoing training every 24-month license period thereafter

Stay on top of regulatory changes with AgentSync

While these points of interest aren’t comprehensive, our knowledge of insurance producer and variable lines broker license and compliance maintenance is. See how AgentSync can help make you look smarter today; head over to the Compliance Library and wrastle up some state-by-state regulation and more jurisdictional updates. If you’re looking for a solution that builds regulations like these into your distribution channel management workflows automatically, AgentSync can help. See us in action or talk to one of our experts today.