PolicyBrief
H.R. 1070
119th CongressFeb 6th 2025
Restoring Competitive Property Insurance Availability Act
IN COMMITTEE

This bill allows insurance companies to exclude income from real property insurance policies in federally declared disaster areas from their gross income for five years to help stabilize market availability.

Clay Higgins
R

Clay Higgins

Representative

LA-3

LEGISLATION

New Tax Break for Insurers Aims to Keep Property Coverage Available After Major Disasters Starting 2025

The Restoring Competitive Property Insurance Availability Act introduces a significant change to the tax code designed to keep insurance companies from fleeing disaster zones. Starting after December 31, 2024, the bill allows insurance companies to exclude the income they earn from property insurance policies in federally declared disaster areas from their gross income. This isn't a permanent tax holiday; it’s a targeted five-year 'recovery period' beginning right after a disaster hits. By letting companies keep more of their earnings from these high-risk areas, the bill aims to stabilize the market so that homeowners and businesses don't find themselves suddenly uninsurable after a catastrophe.

The Five-Year Financial Buffer

Under the new Section 836 of the Internal Revenue Code, a 'specified insurance company'—one that was already providing coverage in the area before the disaster—gets a break on its taxes for half a decade. To calculate this, the company takes the total premiums it collects from property in the disaster zone and subtracts the deductions related to those premiums. The remaining amount is 'qualified real property insurance income,' and for five years, it doesn't count toward their taxable gross income. For a local business owner or a family in a hurricane-prone state, this could mean the difference between having five insurance providers to choose from or being forced into a high-priced state-run pool because private companies decided the tax burden wasn't worth the risk.

Defining the Safety Net

The bill is specific about what counts as 'real property insurance.' It isn't just the structure of a house or a warehouse; it also includes the personal property inside, as long as it's covered under the same policy. This means if a major flood or fire is declared a federal disaster, the insurer’s income from your homeowner’s policy—which covers both your roof and your furniture—qualifies for the exclusion. By tying the benefit to the 'incident date' of the federal declaration, the bill creates a clear timeline for when the tax relief kicks in and when it expires, ensuring the help is tied directly to the recovery window of the affected community.

Market Stability and Practical Realities

This legislation is a direct response to the growing trend of insurers pulling out of states hit hard by climate events. For a contractor trying to get a project bonded or a retail manager looking to renew a lease, insurance is a non-negotiable line item. If insurers have a tax-based incentive to stay in a disaster-prone region, it helps maintain competition, which generally keeps premiums from skyrocketing even faster than they already are. While the bill provides a clear financial perk to insurance corporations, the intended trickle-down effect is to ensure that when the next big storm hits, the 'Open' signs can stay in the windows because the properties behind them are still protected.