Opponents Doubt Many Drivers Would Benefit
By Timm Herdt, THE VENTURA COUNTY STAR
Proposition 17, a measure on the June 8 ballot funded primarily by $13.8 million in contributions from Mercury General Insurance, promises to create a new category of discounts for California motorists.
There is, according to a Department of Insurance analysis, a catch.
“A basic principle of insurance rate-making,” the analysis says, is that “every discount requires a corresponding surcharge so that every factor influencing a rate will balance evenly over an insurer’s book of business.”
In other words, there is no free lunch for everyone — and the advocacy group Consumer Watchdog challenges the notion that Proposition 17 would even result in a discounted lunch for anyone.
Supporters, including the Alliance of Insurance Agents and Brokers, say most motorists would benefit from the change because it would promote increased competition.
What Proposition 17 proposes is to add another factor upon which auto insurance rates can be based under the basic rate-making formula established by 1988’s voter-approved Proposition 103.
That initiative said rates can be based only on miles driven, the number of years a driver has been licensed and the safety record of the driver. Subsequently, state insurance regulators have added 16 other optional factors, including what is called a “persistency” discount. That means an insurance company can offer discounts as loyalty rewards to long-time customers.
Proposition 17 would change the law to allow competitors to offer the same kind of discount to drivers who switch insurance companies, as long as they have continuously purchased auto insurance over the previous five years without an interruption of more than 90 days.
Those who had a break in coverage for any period of time as a result of failure to pay a premium would not be eligible.
Members of the military who have allowed their coverage to lapse while serving overseas would not be penalized for having an interruption. That exemption would not apply to those who dropped coverage while stationed at a base inside the United States.
Proponents say the change could result in about 80 percent of California drivers having a chance to claim a discount not now available to them if they switch carriers.
“Passage of Proposition 17 means more competition in the auto insurance marketplace, more choices for consumers and lower rates,” said Michael D’Arelli, executive director of the agents’ and brokers’ group.
Doug Heller, spokesman for Consumer Watchdog, argues that there are many legitimate reasons some people may have chosen to go without insurance for a period of time — a prolonged recovery from surgery, a loss of employment that resulted in having to sell a vehicle, a period of time living on a college campus or in an area well-served by public transit.
Consumer Watchdog and other critics also argue that Mercury Insurance is simply not credible when it underwrites an initiative that promises to lower rates.
Mercury’s $13.8 million in contributions represent more than 99 percent of the money the Proposition 17 campaign has raised. No other insurance company in the state has financially supported or endorsed the initiative.
Last month, a Department of Insurance review of rates charged by Mercury resulted in allegations the company had overcharged consumers and found 35 categories of alleged violations. They included charging higher rates based on traffic violations that occurred well beyond the three-year window in which violations can be lawfully considered, penalizing customers for having been involved in accidents in which they were not at fault and denying coverage to people who worked in certain occupations, such as bartender or cocktail waitress.
“The sponsor of the initiative was just sued by the Department of Insurance for failing to provide the discounts it was already supposed to be giving customers,” Heller said. “They’re not in the business of giving customers money back.”
By Scott Martelle, Protect Consumer Justice -