SB 495: California's New Contents and Proof-of-Loss Rules

California Senate Bill 495 (SB 495), chaptered as Stats. 2025, ch. 542, made two distinct changes to residential property claim handling after a declared state of emergency. The two changes live in different statutes and do different things, but they are often described together because both apply to the same population of disaster claimants. They are:

• The contents advance — Ins. Code § 10103.7(b)(1). When a total loss occurs during a state-declared emergency, the insurer must offer an advance payment of at least 60% of the personal property coverage limit, capped at $350,000, without requiring an itemized claim. This replaces the prior 30% / $250,000 floor.
• The 100-day proof-of-loss minimum — Ins. Code § 2051.5(b)(3)(A).For losses related to a state of emergency as defined by Gov. Code § 8558, the insurer cannot require the insured to provide proof of loss less than 100 days after the loss.

These two protections are independent. The 60% advance is not gated by the 100-day rule, and the 100-day proof-of-loss minimum is not limited to total losses.

The 60% Contents Advance — § 10103.7(b)(1)

Mechanically, the advance works as follows:

• It applies to total losses on residential property during a state-declared emergency.
• The floor is 60% of the personal property coverage limit. For a policy with $200,000 in personal property coverage, that is at least $120,000.
• The cap is $350,000. Above that, the advance does not scale further.
• No itemized claim is required to trigger the advance. The detailed inventory work happens later, against the full coverage limit; the advance is paid without that initial showing.
• The advance is not a bonus. It is an advance against the personal property coverage limit. If documented losses come in higher than the advance, the insured may pursue the remainder up to the policy limit.

Compared with the prior version of § 10103.7, which set the floor at 30% of the personal property limit with a $250,000 cap, the SB 495 amendment roughly doubles the amount of immediate cash relief available to an insured after a total loss in a declared emergency.

The 100-Day Proof-of-Loss Minimum — § 2051.5(b)(3)(A)

Two clarifications matter:

• This is about proof of loss, not inventory generally.The 100-day rule is a floor on when a sworn proof of loss can be required — it is not a general “no documentation needed for 100 days” rule. The 60% contents advance under § 10103.7(b)(1) is what eliminates the inventory threshold for the advance itself.
• The statute also provides for extensions. Section 2051.5(b)(3)(B) requires the insurer to grant additional time, in three-month increments, when an insured acting in good faith with reasonable diligence is delayed by circumstances outside their control (carrier delays, unavailable contractors, hazardous access, disability, and similar factors). The 100-day floor is the starting point, not the ceiling.

Why the Distinction Matters

The two provisions are sometimes described as one rule (“the 60% / 100-day rule”), but they sit in different code sections and serve different functions. Conflating them creates two avoidable problems for an insured:

• It can suggest the 60% advance has a 100-day expiration.It does not. The advance under § 10103.7(b)(1) is not time-limited in that way; the carrier's duty to offer it does not turn on the proof-of-loss clock.
• It can suggest the 100-day proof-of-loss minimum only applies to total losses.It does not. Section 2051.5(b)(3)(A) applies to losses relating to a state of emergency under Gov. Code § 8558, regardless of whether the loss is total or partial.

Scope — Who the Statutes Cover

Both statutes sit in the Insurance Code chapter governing residential property insurance. As a general matter:

• The § 10103.7 contents advance applies to total losses on residential property during a state-declared emergency. The Dwelling and Other Structures coverages have a separate combined-payment mechanism elsewhere in the same statute.
• The § 2051.5(b)(3)(A) 100-day proof-of-loss minimumapplies to losses arising out of a declared state of emergency under Gov. Code § 8558, and is not restricted to total losses.

For non-emergency losses, the standard contents claim process under the policy still applies. An insured working through a partial or non-emergency contents loss may find the broader contents claims guide and the inventory tool helpful starting points.

Practical Notes for Policyholders

• Asking for the advance in writing is common practice.Many policyholders request the § 10103.7(b)(1) advance in a short letter citing the statute, rather than waiting for the carrier to offer it.
• The advance is an advance, not a gift.It counts against the personal property coverage limit. The remainder of the limit is reached the usual way — through documentation of the actual loss.
• Inventory work still pays. Once the advance is paid, the path to the rest of the personal property limit runs through documentation. Households frequently underestimate the replacement value of their personal property; a thorough inventory, organized by room or category, tends to surface items that a quick-pass list misses.
• The 100-day proof-of-loss minimum is a floor.An insured who needs more time can ask for an extension under § 2051.5(b)(3)(B); the statute requires the insurer to grant three-month extensions where the insured is acting in good faith but is delayed by circumstances outside their control.

This article is for informational purposes only and does not constitute legal advice. Insurance policies and applicable law vary by state and by policy form. Consult with a licensed professional regarding any specific situation.

Written by Leland Coontz III, Licensed Public Adjuster, CA License #2B53445.