Existing law generally regulates classes of insurance, including fire insurance. Existing law provides that the measure of indemnity in fire insurance under an open policy is the expense to replace the thing lost or injured in its condition at the time of the injury, with the expense computed as of the start of the fire. Existing law also provides that under an open policy that requires payment of actual cash value, the measure of the actual cash value recovery is the policy limit or the fair market value of the structure, whichever is less, in the case of a total loss to the structure. In the case of a partial loss to the structure or loss to its contents, the actual cash value recovery under existing law is the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. Under existing law, in the case of a partial loss to the structure, a deduction for physical depreciation applies only to components of a structure that are normally subject to repair and replacement during the useful life of that structure.
California AB 188 (20192020) — Fire insurance: valuation of loss.
Existing law generally regulates classes of insurance, including fire insurance. Existing law provides that the measure of indemnity in fire insurance under an open policy is the expense to replace the thing lost or injured in its condition at the time of the injury, with the expense computed as of the start of the fire. Existing law also provides that under an open policy that requires payment of actual cash value, the measure of the actual cash value recovery is the policy limit or the fair market value of the structure, whichever is less, in the case of a total loss to the structure. In the case of a partial loss to the structure or loss to its contents, the actual cash value recovery under existing law is the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. Under existing law, in the case of a partial loss to the structure, a deduction for physical depreciation applies only to components of a structure that are normally subject to repair and replacement during the useful life of that structure.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
Do pass and be ordered to the Consent Calendar — 13–0 (pass) · upper
AB 188 Daly Concurrence in Senate Amendments — 72–0 (pass) · lower
Consent Calendar — 40–0 (pass) · upper
AB 188 Daly Consent Calendar Second Day — 72–0 (pass) · lower
Do pass. To Consent Calendar. — 14–0 (pass) · lower
Sponsors
Daly — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2019-01-10 Read first time. To print. reading-1
2019-01-11 From printer. May be heard in committee February 10.
2019-01-24 Referred to Com. on INS. referral-committee
2019-04-03 From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 3). committee-passage-favorable, committee-passage
2019-04-04 Read second time. Ordered to Consent Calendar. reading-1, reading-2
2019-04-11 Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1190.) passage, reading-3, reading-1
2019-04-11 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2019-04-24 Referred to Com. on INS. referral-committee
2019-05-14 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS. reading-1, reading-2, amendment-passage, referral-committee, amendment-introduction
2019-06-12 From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (June 12). committee-passage-favorable, committee-passage
2019-06-13 Read second time. Ordered to Consent Calendar. reading-1, reading-2
2019-06-20 Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1677.). passage, reading-3, reading-1
2019-06-20 In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 22 pursuant to Assembly Rule 77.
2019-06-27 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 2456.). amendment-passage, committee-passage-favorable
2019-07-02 Enrolled and presented to the Governor at 3:30 p.m.
2019-07-09 Approved by the Governor. executive-signature
2019-07-09 Chaptered by Secretary of State - Chapter 59, Statutes of 2019.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/49ac0183-b5e3-4351-9475-4e776988a4b8. Confidence: reported (aggregated from official California legislature records).
Fabio