agent Entrepreneur logo
MenuMENU
SearchSEARCH

Bill to Fix California GAP Problem Moving Quickly

March 11, 2011
3 min to read


Legislation aimed at amending a California law that barred a key GAP feature is moving quickly through the state Legislature, raising the prospects of the issue being resolved by June.


The bill (AB 125), spearheaded by OwnerGUARD Corp., was passed by the state Assembly by a 69-0 vote. The San Diego-based F&I product provider, working closely with the California New Car Dealers Association (CNCDA), is hoping the bill will follow a similar path through the state Senate and be on Governor Jerry Brown’s desk by June, reported F&I and Showroom.

Ad Loading...


“Frankly, everything’s happened quicker than we thought,” said Michelle Dicks, the company’s general counsel. “Hopefully, it’ll get to the [Senate Banking Committee] by the middle of March. If that happens, we could see a vote on the Senate floor a week later, which means we could be done by the end of March, beginning of April.”


Based on a law that took effect on Jan. 1, California dealers are prohibited from selling deductible coverage through GAP if they have not obtained an agent’s license. The California Department of Insurance has agreed to delay enforcement of the requirement in the law to have updated agreements through March 31.


The issue stems from an Omnibus bill (AB 2782) Gov. Arnold Schwarzenegger signed last September. It packaged, among other things, a new licensing requirement for sellers of accident and health insurance. How GAP got thrown into the new requirement is a case of unintended consequences.


Less than a month before the law took effect, the CNCDA asked the state’s insurance department to clarify whether a GAP waiver would fall under the new requirement. In its review of the law, the state agency determined that GAP waivers could no longer cover a customer’s deductible.


The CNCDA and OwnerGUARD moved quickly to get the state agency to reconsider its stance. And after extensive talks, the agency agreed to work with the association and the company on fixer legislation. The two organizations also received help from various industry associations, including the Guaranteed Asset Protection Alliance, the American Financial Services Association and the Consumer Credit Industry Association.

Ad Loading...


“Initially, the department of insurance said, ‘Fine, we know it’s a problem, so we’ll give you a moratorium on enforcement of the law,” said Dicks. “We still can’t cover the deductible and we have until March 31 to get new forms printed, but we’re getting closer to a resolution.”


The end of March also became the unofficial deadline for the fixer legislation to get through the California State Legislature. If the association and OwnerGUARD are unsuccessful at capturing the attention of lawmakers – which are embroiled in a bitter fight over the state budget – Dicks said it might be until September before any action can be taken.


That’s one of the reasons why OwnerGUARD turned to John Norwood, a noted California lobbyist who specializes in the state’s insurance and financial sector.


Working closely with the CNCDA and California Financial Services Association, Norwood was instrumental in getting the Assembly Insurance Committee to place an urgency clause in the bill when it passed the legislation by a unanimous vote. With the urgency tag, the bill can become law once it receives Gov. Brown’s signature. Without it, the bill wouldn't take effect until Jan. 1, 2012.


“A lot of it has been John’s ability to get these people to listen. He’s done a phenomenal job,” said Dicks. “We did spend a lot of time with him initially so he could understand what we were proposing, but I think assembly members were willing to help once they understood what we were trying to do.”


More Industry

Group photo of men outside storefront.
Industryby Hannah MitchellMay 28, 2026

Pennsylvania Dealership Under New Retailers

The sale of the Chrysler Dodge Jeep Ram store puts a family auto group on a leaner path as first-time dealers take the helm.

Read More →
Hallway with lockered wiring and computer
Industryby Lauren LawrenceMay 28, 2026

Battery Storage Takes Priority Over EVs

U.S. automakers are prioritizing battery energy stationary storage over electric-vehicle production as the consumer demand for EVs lags the rest of the world.

Read More →
Gray-scale photo of a line of Mini cars in a dealership parking lot
Industryby Hannah MitchellMay 27, 2026

Auto Dealers Feel Better But Not Great

A second-quarter Cox Automotive poll of franchised retailers and independents found better views of the current market after a good spring but anticipation of third-quarter storminess.

Read More →
Ad Loading...
Closeup photo of the front of a white car
Industryby Hannah MitchellMay 21, 2026

New-Vehicle Sales Picture Relative

A May forecast is complicated by last spring’s trade tariff effects on auto retail. Despite continued hard realities, many consumers took advantage of ways to bite the bullet.

Read More →
Nissan logo on front of building
Industryby Lauren LawrenceMay 21, 2026

Auto Group Acquires Third Nissan Rooftop

Iowa-based Coleman Automotive Group recently acquired its seventh dealership, McGrath Nissan, which it renamed Nissan of Elgin.

Read More →
Couple talking with auto salesman next to new car inside dealership
Industryby Hannah MitchellMay 20, 2026

April Less Affordable

Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.

Read More →
Ad Loading...
Wooden people figures of different colors in a row, similar to board game pieces
IndustryMay 20, 2026

Building an Extraordinary F&I Agency

Work to determine your specialized talent, because that fact will determine everything about your agency’s future.

Read More →
Ingredient card, policies and procedures, fixed operations, variable operations, data security, audit
Industryby Jim GantherMay 19, 2026

Recipe for Compliance

The secret to both amazing barbecue and compliance is the same: understanding the basics and committing to a process.

Read More →
Photo of new Chevrolet Bolt parked on a beach
Industryby Hannah MitchellMay 14, 2026

EVs Getting More Attractive

A growing percentage of U.S. consumers are open to switching and fewer are adverse to the idea, according to a recently completed survey. That’s despite the end of a tax break.

Read More →
Ad Loading...
Benchmark bar graph showing April 2026 EV Sales
Industryby Lauren LawrenceMay 14, 2026

EV Sales Drop in April Following Surge

North American electric-vehicle sales were down 28% year-over-year, a sharp contrast from global EV sales growth of 6%.

Read More →