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A ‘silent threat': California officials announce hearing into wildfire victim underinsurance following Chronicle investigation

A ‘silent threat': California officials announce hearing into wildfire victim underinsurance following Chronicle investigation

California officials plan to hold a hearing later this month to discuss solutions to widespread underinsurance among wildfire survivors, following a Chronicle investigation that exposed the severity of the issue and tied it to insurance companies' use of flawed algorithms to write homeowner policies.
In an April 29 meeting of the California State Board of Equalization, the agency tasked with overseeing property taxes on homeowners, Vice Chair Sally Lieber suggested the hourlong informational hearing in light of the Chronicle's 'very substantial and needed journalism around algorithmically driven underinsurance of properties across California, especially in wildfire-prone areas.' In a letter to the board, Lieber said the hearing would focus on the impact such algorithms have on disaster recovery and to discuss possible legislation.
'I consider this the silent threat to homeowners across California,' Lieber told the Chronicle in an interview.
Underinsurance is the phenomenon where a homeowner's insurance policy limits are too low to cover the cost of rebuilding their home. It has emerged as yet another challenge facing survivors of the Eaton and Palisades fires in Los Angeles, which destroyed whole neighborhoods earlier this year. While it's still unclear precisely how many of these survivors lack adequate insurance to rebuild, studies of previous blazes in California and Colorado have found consistently that between two-thirds to three-quarters of wildfire survivors were underinsured.
A major driver of the problem is insurance companies' reliance on a fundamentally broken system to predict rebuilding costs, the Chronicle's investigation found. Central to the system is a software program called 360Value that agents use to recommend insurance policy limits for homeowners; the tool, which is sold by insurance conglomerate Verisk, is used by companies covering at least 40% of the California homeowner's insurance market, including State Farm, Farmers, CSAA and USAA.
Yet 360Value often makes incorrect assumptions about the homes it analyzes, and its underlying pricing data does not adequately capture the high cost of rebuilding in the state, the Chronicle found.
Insurance companies have repeatedly learned of these tools' shortcomings for years, through lawsuits and government investigations, and yet have largely failed to fix them. Internal records from a lawsuit filed by Farmers Insurance Group show that the insurer identified near-ubiquitous underinsurance among a group of policyholders who had lost their homes, but stopped its internal investigation after its legal team raised concerns the company's findings could be used against it in court proceedings.
Consumer advocates and wildfire victims told the Chronicle that underinsurance was a major factor in why wildfire victims rarely rebuild their homes. Just 2,800 of the 11,000 homes that burned in the 2018 Camp Fire have been rebuilt. In Santa Cruz County, only 144 homes of the 700 destroyed by the 2020 CZU Lightning Complex fires have been replaced.
'These issues reflect directly on the Board's authority to administer the state's Property Tax system, particularly if policies and practices of private companies impact negatively the ability of property taxpayers to rebuild their properties and restore the housing stock in areas impacted by wildfires and by other predictable natural disasters,' Lieber wrote to the board.
In addition to overseeing property taxes, the California State Board of Equalization also regulates taxes for certain categories of businesses, including the insurance industry. Its five-member board consists of elected officials across the state, who meet monthly to discuss administrative matters as well as issues that fall under its authority to address via legislative proposals or regulations.
'It's really clear that the victims of the most recent fires in January will be subjected to a lot of market forces. The loss of workers that are not fully documented and the rise in costs of lumber, much of which comes from Canada, will be impacted,' said Lieber. 'It's really essential, from a transparency viewpoint, to make sure that homeowners and owners of businesses in California have an idea of how deeply they may be underinsured.'
Ted Gaines, the board's lone Republican, added that he wanted to learn more about how 360Value and other replacement cost algorithms worked, and whether they were adequately accounting for the surge in building costs that typically follows large-scale disasters — a phenomenon known as 'demand surge.'
'Is there a better approach to wildfires, where you're losing hundreds of homes?' he said. 'What if you had contractors, developers, that could come in and say, 'Hey, we can provide some degree of customization, but we can also build in volume? ''
The meeting, which will be held May 28, is open to the public and will take place in Sacramento at the May Lee State Office Complex Auditorium. Remote attendees can also watch the meeting via livestream or dial in via the phone number on the board's website.
Lieber said she hopes the informational hearing will surface the issues and initiate conversations among lawmakers. She encouraged readers to call or write in with their stories and concerns.

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The 687-acre site in western Oakville was originally christened To Kalon, a Greek word that means highest beauty or the highest good, in 1868 by wine pioneer H.W. Crabb. Crabb grew his To Kalon Wine Company to the third-largest winery in the country and brought nationwide recognition to the vineyard. Over the decades, the original To Kalon site grew in size, fragmented and changed hands several times, but nobody brought as much acclaim to it as Robert Mondavi, who first purchased a portion of the vineyard in 1966. Today, the winery owns 450 acres of To Kalon Vineyard. In 1988, Mondavi trademarked To Kalon, followed by To Kalon Vineyard in 1994. At the time, the MacDonalds didn't take issue with it. 'I don't think people realized what precedent was going to be set,' said MacDonald, 'but I also don't think people were keen to object to anything Mondavi did.' The first person to object was noted grower Andy Beckstoffer, who owns 89 acres of To Kalon. Mondavi and Beckstoffer, who argued the vineyard is a place and should not be allowed to be trademarked, traded lawsuits in 2002 and 2003; they settled out of court, and while Mondavi kept its trademarks, Beckstoffer's winery clients are allowed to put 'Beckstoffer To Kalon' on their labels. Constellation purchased Mondavi in 2004, and the company has been tied up in a seemingly endless string of legal fights over the trademarks since. 'Napa Valley is a vineyard paradise and the most famous vineyard in Napa Valley is To Kalon. So, when you're fighting to keep the integrity of To Kalon, you're fighting for the family jewels of Napa Valley,' Beckstoffer told the Chronicle. 'We need to ensure that there is integrity to (To Kalon). It has to be a place and not a marketing concept that (Constellation) can do whatever they want with it.' For years, the MacDonalds stayed out of the To Kalon controversies. The family's 15-acre plot is an island within the To Kalon vineyard that features some of the oldest Cabernet Sauvignon vines in Napa Valley, planted by MacDonald's great-grandparents in 1954. The family sold its grapes to Mondavi since its inception and that relationship continued for over 50 years; the fruit went into some of Mondavi's top-tier wines, often making up more than half of Mondavi's premium To Kalon bottling. MacDonald said it was his great-uncle who originally encouraged Robert Mondavi to resurrect the historic To Kalon name. 'The family always felt like they were part of this history,' he said. Over the past two decades, MacDonald has assumed the unofficial role of To Kalon historian. He presented the story of To Kalon at several Mondavi events and penned a peer-reviewed report for the Historic American Landscapes Survey, which was added to the Library of Congress. He has also applied to add To Kalon Vineyard to the National Register of Historic Places, though Constellation has contested that as well. Margrit Mondavi, the late wife of Robert Mondavi, once gifted MacDonald a cookbook she authored and inscribed a request: 'Keep the To Kalon story alive.' With his 2016 submission to BGN to name the vineyard's tributary To Kalon Creek, MacDonald hoped to set a precedent for the future of vineyard designation in America. He believes To Kalon can follow the lead of French regions like Burgundy, whose fame was built on renown for spectacular vineyard sites — not owners or wineries. MacDonald argues that To Kalon Creek would be a major step toward legally proving that To Kalon is, irrefutably, a place — and preventing Constellation from potentially diluting the site's reputation through further commercialization. MacDonald sent many letters of support to the BGN from government leaders, including Rep. Mike Thompson, D-Napa, and State Sen. Bill Dodd, D-Napa, and wine industry members. Arguably the most important letter bears the typed signature block of Mondavi general manager Glenn Workman. It uses 'we' and features logos of both Mondavi and Constellation. The BGN requires that applicants get permission from trademark holders of a word or phrase being used. 'Naming the creek for its home, To Kalon Vineyard, would allow growers, winemakers, geologists, hydrologists, historians, educators and others in our community to better describe the creek,' the Workman letter states, 'particularly as it relates to the alluvial fan, which, in great part, makes possible the fine wines for which To Kalon Vineyard is world-renowned.' In early 2017, that quote appeared on the front page of the Napa Valley Register. A few months later, BGN approved MacDonald's application. But in early 2019, MacDonald received a shocking notice from the BGN: Constellation was suddenly contesting the naming and had submitted a 16-page appeal. In its letters to BGN, Constellation called MacDonald's effort 'a campaign to weaken or usurp Constellation's To Kalon trademark rights' and suggested ill intentions, as the To Kalon Creek name 'would increase the value of his land and his grapes immensely.' MacDonald also makes a small amount of wine from his family's vineyard for the MacDonald brand he founded with his brother, Alex MacDonald, but cannot put To Kalon on the label. The company also asserted that 'for more than 30 years,' To Kalon has been 'foremost and solely a brand name.' It attempted to refute much of MacDonald's evidence — including maps, historical artifacts, newspaper clippings and legal documents — that prove the name has historical significance as a geographical place dating back 130 years. The company claimed that MacDonald's proposal was 'fraught with factual errors' and hired a cartography expert from Syracuse University as an independent consultant to review the proposal. The geography professor recommended that the BGN 'nullify its decision.' Constellation's main argument, however, is that MacDonald did not receive the company's consent to name the waterway To Kalon Creek. In multiple documents reviewed by the Chronicle, Constellation claimed that MacDonald doctored the letter from Mondavi's Workman, noting that it was not dated or signed. It was printed on joint Robert Mondavi Winery and Constellation letterhead, 'which is something Constellation does not use,' the company said. To Kalon Creek came up in a separate 2017 trademark lawsuit between wine brand Vineyard House and Constellation, during which Workman testified that he did not write or send the letter. The Chronicle was unable to reach Workman for comment. MacDonald, who has been fighting this battle without legal counsel, maintains that the evidence he presented and the letter are legitimate. He said at the time he 'didn't really understand' that getting the letter signed and dated 'was going to become important.' The Chronicle reviewed email communications between MacDonald and a BGN research employee in 2016, in which MacDonald submitted the Workman letter for review. 'I don't see anything that would justify revising it,' the BGN employee wrote. MacDonald has since submitted three more letters to the federal board from former Constellation employees denouncing the company's claim of forgery. One letter came from Anne Siegel, a public relations employee of Robert Mondavi Winery from 2008-2017, who told the Chronicle that Constellation's opposition does 'not reflect the original spirit or intention of (Mondavi Winery) when we backed this initiative.' 'The suggestion that Graeme (MacDonald) would forge or alter emails we wrote is not only completely false, it's damaging to his reputation and absolutely unacceptable,' she continued, adding that she believes 'Mr. and Mrs. Mondavi would have been thrilled to have the legacy of To Kalon carried on with the naming of the creek.' The Chronicle also reviewed records from a 2016 email chain that included MacDonald, Siegel, Workman and another former Constellation employee discussing MacDonald's proposal. Workman wrote, 'Sounds like a great idea' and 'I don't see any downside to this at all.' But in its appeal, Constellation argued that ultimately, the legitimacy of the letter doesn't matter; Workman 'did not have legal authority' to send a letter and 'give away the company's valuable trademark rights. ' Soon after Constellation expressed its opposition, MacDonald said he went to Mondavi for a meeting to discuss the creek. When he and his brother arrived, MacDonald said they were surprised to see 'like eight lawyers in suits from Constellation that flew in from New York' sitting at the table. The lawyers came armed with a bargaining chip: Constellation offered the brothers the right to use the To Kalon trademark on their wine label in exchange for their support in changing the creek's name to something else, according to MacDonald. After a long pause, MacDonald said he told the company his 'integrity is not for sale.' 'People were super upset and the meeting dissolved,' he recalled. That same year, MacDonald said the family decided not to renew its grape contract with Constellation. 'That was the end of the line. There was too much pain and suffering,' he continued. 'The corporate culture really overwhelmed the 60-year grape growing relationship.' In response to Constellation's opposition, BGN restarted the naming process, resulting in the Napa County Board of Supervisors and the California Advisory Committee on Geographic Names each being asked to revisit the issue. Neither changed its position, but the decision ultimately lies with the federal board. Now, nine years after MacDonald's original application, BGN is scheduled to re-vote on the To Kalon name on Thursday. MacDonald hopes that his effort will be worth it. 'For us, it was more important to be on the right side of history,' he said. 'Someday, my kids are going to read this story and it's going to let them know (To Kalon) is important to us and to them. We have a deep genealogical connection to the land.'

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