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Title: Risk Management and Insurance Reading Notes
Description: Chapter 8 reading notes UGA RMIN 4000 Martin May '15
Description: Chapter 8 reading notes UGA RMIN 4000 Martin May '15
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Chapter 8: Government Regulation of Insurance
● reasons for insurance regulation
○ maintain insurer solvency
○ compensate for inadequate consumer knowledge
○ ensure reasonable rates
○ make insurance available
● historical development of insurance regulation
○ insurers were initially subject to few regulatory controls
○ state legislatures first granted charters to new insurers; insurance
commissions were first created in 1851
○ in
Paul v
...
S
...
SouthEastern Underwriters Association
(1944) the Court ruled
that insurance was interstate commerce when conducted across state
lines and was subject to federal antitrust laws
○ the cCarranFerguson Act
M
(1945) states that continued regulation and
taxation of the insurance industry by the state's are in the public interest
■ federal antitrust laws apply to insurance only to the extent that the
insurance industry is not regulated by state law
○ the
Financial Modernization Act
(1999) changed federal law that earlier
prevented banks, insurers, and investment firms from competing outside
their core area
■ state insurance departments regulate insurers
■ state and federal bank agencies regulate banks
■ the SEC regulates the sale of securities
■ the Fed has umbrella authority of bank affiliates that engage in
underwriting insurance
● methods for regulating insurers
○ the three principal methods used to regulate insurers are:
■ legislation, through both state and federal laws
■ court decisions, e
...
, interpreting policy provisions
■ state insurance departments
● What areas are regulated?
○ all states have requirements for the formation and licensing of insurers
■ licensing includes minimum capital and surplus requirements
■ a domestic insurer is domiciled in the state
■ a foreign insurer is an out of state insurer that is chartered by
another state, but licensed to operate in the state
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■ an alien insure is an insurer that is chartered by a foreign country,
but is licensed to operate in the state
insurers are subject to financial regulations designed to maintain solvency
■ assets must be sufficient to offset liabilities
■ admitted assets are assets that an insurer can show on its statutory
balance sheet in determining its financial condition
■ states have regulations that address the calculation of reserves
■ an insurer’s surplus position is carefully monitored by state
regulators
life and health insurers must meet certain riskbased capital (RBC)
standards
■ insurers must hold a certain amount of capital, depending on the
riskiness of their investment and insurance operations
■ an insurer’s RBC depends on asset risk, underwriting risk, interest
rate risk, and business risk
■ a comparison of the company’s total adjusted capital to the amount
of required riskbased capital determines whether company or
regulatory action is required
the purpose of investment regulations is to prevent insurers from making
unsound investments that could threaten the company’s solvency and
harm the policyowners
■ law generally place a limit on the proportion of assets in a specific
asset category, such as real estate
many states limit the amount of surplus a participating life insurer can
accumulate, rather than pay as dividends
each insurer must file an annual report with the state insurance
department in the states where it does business
the state insurance department assumes control of insurance companies
that they determine to be financially impaired
■ all states have guaranty funds, guaranty laws, and guaranty
associations that pay the claims of policyowners of insolvent
insurers
■ the assessment method is a major method used to raise the
necessary funds to pay unpaid claims
rate regulation takes a variety of forms across states
■ forms of rate regulation for property and casualty insurance include:
● prior approval law rates must be filed before they are used
○
○
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● modified prior approval law rates must be filed, but can be
used immediately if change is based solely on loss
experience
...
Insurance
department can disapprove later if they are in conflict with
state law
● use and file law variation of the file and use law wherein
insurers can use new rates immediately; but rates must be
filed within a certain period of time (1560 days)
● flex rating law prior approval is required only if rate +/ is
over a certain %
● state made rates some states set the rates that all insurers
of a particular form of insurance will use
● no filing required insurers not required to file rates; but
may be required to periodically submit to state review
■ many states exempt insurers from filing rats for large commercial
accounts
■ life insurance rates are not directly regulated by the states
state insurance commissioners have the authority to approve or
disapprove new policy forms before the contracts are sold to the public
■ insurance contracts are technical and complex
■ purpose is to protect the public from misleading, deceptive, and
unfair provisions
sales practices are regulated by the laws concerning the licensing of
agents and brokers
■ all states require agents and brokers to be licensed
■ all states require agents to obtain continuing education to upgrade
their knowledge and skills
insurance law prohibit a variety of unfair trade practices, such as
misrepresentation, twisting, and rebating
■ twisting = the inducement of a policyowner to drop an existing
policy and replace it with a new one that provides little or no
economic benefit to the client
■ rebating = the practice of giving an individual a premium reduction
or some other financial advantage not stated in the policy as an
inducement to purchase the policy
state insurance departments typically have a complaint division for
handling consumer complaints
■ most complaints involve claims
○ information is provided to consumers on insurance department websites
and in brochures
○ insurer pay numerous local, state, and federal taxes
● State vs
...
g
Title: Risk Management and Insurance Reading Notes
Description: Chapter 8 reading notes UGA RMIN 4000 Martin May '15
Description: Chapter 8 reading notes UGA RMIN 4000 Martin May '15