Insurance Industry and Taylor Not Interested in Compromise Flood Insurance Legislation

The attempts by Mississippi's Gene Taylor to craft an insurance product that fully covers hurricane losses seems to be having trouble, but not because Gene Taylor is not trying. While the House of Representatives passed a bill supported by Taylor which includes coverage for the perils of wind and storm surge into one policy, one Republican Senator offered a compromise bill which does not accomplish that but merely proposes a different method of dispute resolution. As reported in the National Underwriter, both Taylor and the insurance industry think the compromise legislation does not work.

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Will Flood Insurance Insurers Lose AntiConcurrent Cause Language?

Mississippi Representative Gene Taylor successfully placed language into House Bill H.R. 1264—“the Multiple Peril Insurance Act”— which would require "Write Your Own" insurers participating in the National Flood Program to remove anti-concurrent causation language from their all risk insurance policies. Taylor's house was destroyed in Hurricane Katrina. Many of his neighbors’ insurance claims were denied based on the continuing wind versus flood insurance coverage controversy which I noted recently in Texas Windstorm Insurer Settles 2,400 Hurricane Ike Slab Claims.

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Mid-Day Update on Flood Insurance--Senators Need to Work and Get This Done

The United States House of Representatives has unanimously passed a bill reinstating and extending the National Flood Insurance Program until September 30, 2010, according to an article in the National Underwriter, New NFIP Extension Bill Passes House; Senate Action Uncertain. The bill (H.R. 5569) will be sent to the Senate for further action. My suggestion in Flood Insurance is Harder to Find and Politics is One Reason was to call all Congressmen. Now we are down to just the Senators that need to get their act together.

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Flood Insurance is Harder to Find and Politics is One Reason

In a local television news report in New Orleans and one yesterday in Tampa, I explained the need for policyholders in coastal areas to purchase flood insurance. The problem is that flood insurance is getting harder to find and more expensive to purchase.

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No New National Flood Insurance Policies Can Be Written Until April 12

Stupidity is what will kill this country. Financed real estate transactions cannot occur in some parts of the country without flood insurance being purchased on the structure. Such insurance is difficult to find in the private market. As a result, the National Flood Program exists. But, it can only exist if Congress allows it, and Congress has left for its Easter vacation without passing legislation allowing the National Flood Program to operate.

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Flood Insurance Waivers Concerning Proof of Loss are Subject to Judicial Review: A Recent Flood Case that Makes Sense

Imagine a government could make arbitrary decisions about your rights without question. Do you think that would happen in China or the United States? Well, if it involves your national flood insurance policy, it has been happening in the United States for a long time. One federal judge has seen through the unfairness and called a halt to this practice in the recent case of Thomas L. Moffett v. Computer Sciences Corp., et al,. Civil No. 05-1547 (Md. D. Ct., July 6, 2009).

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Is Property Insurance Propaganda and its Impact on Public Policy Similar to What the Health Insurance Industry Does?

I was thinking about the question of property insurance trade associations and lobbying while reading today’s St. Petersburg Times article, At what Cost Care? The article was a question and answer discussion with Wendell Potter, who was a public relations executive for two major health insurers. Potter has given an inside view into the political and social power of the health insurance industry in a manner most Americans probably deplore. I wonder if property insurers are different? I doubt it.

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Federal Hearings On Insurance Oversight Set for June 16

Congressman Paul Kanjorski, Chairman of the Financial Services Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises, announced that his Subcommittee will hold a hearing to protect insurance consumers from risks in the insurance system and to prevent insurance companies from posing a systemic risk and threatening the American financial system. This systemic risk may be the federal government’s only legitimate concern when it comes to regulating insurance.

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The Politics of Insurance: Dinallo Resigns, Crist Hints of Veto and Texas TWIA Bill in Limbo

What happened to the time when a significant insurance coverage decision arrived and everybody in my line of work analyzed that topic for several years? Now, the insurance industry is writing so many new and differently worded forms, it is hard to rely upon case decisions as being of widespread significance. If a case decision is made which insurance companies want to avoid, they re-write the policy or the insurance industry lobbies legislators to change the statutory law "gaming" the insurance business to outcomes predetermined in the insurer's favor. Accordingly, I spend more time researching trends of politics. I also review insurance trade journals to contemplate how my policyholder clients may be impacted.

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New York Insurance Superintendent Says Creating an Optional Federal Insurance Regulator Will Erode Consumer Protections

A Big Week for Texas and Florida Politics of Insurance

The Texas legislature has its hands full this week with an omnibus biill regarding TWIA. Florida Governor Charlie Crist has to decide whether to veto various measures regarding insurance legislation. Additionally, three federal bills were just filed which may impact the landscape of how insurance is made available and sold.

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An Editor of the National Underwriter Makes a Case Against Federal Charter and Federal Regulation

I was reading a blog by Steve Piontech, Editor-in-Chief of the National Underwriter Life & Health. His remarks seemed to add another valid reason why federal charter and the choice of a sole federal regulator needs to be avoided:

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No Federal Wind, Hunter Proposes Limited Federal Insurance Oversight, Florida Agents Criticize Proposed Law, State Farm and OIR in Cease-Fire

Imagine – all kinds of legislation, hand in hand with lobbying and political positioning, just in time for the start of hurricane season on June 1. A couple of recent news stories point out the possible direction that several key measures may be heading.

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Senator Says "No" to Federal Charter and Regulatory Preemption of Insurance

Democratic Senator Jon Tester of Montana is standing up to the insurance industry, opposing the industry’s push for federal charter of the property and casualty industry. In an article in the National Underwriter, Tester noted that state regulation has worked regarding the insurance industry:

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The National Association of Insurance Commissioners is Against the Federal Insurance Charter Proposal

The Associated Press reported that the National Association of Insurance Commissioners (NAIC) has come out strongly against the proposed Federal Charter for property and casualty insurance companies. As I have now stated in two recent posts, (read them here and here), this federal legislation is not in the interests of policyholders and is an attempt by some insurance carriers to escape accountability and increase their individual profitability.

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Is Allstate Misleading the Public About the Need for Federal Regulation?

Recently, Allstate has accused other insurers of investing in credit default swaps. Does Allstate have knowledge of insurers engaging in this illegal activity? Or are these allegations a facade for the new federal oversight that would place Allstate under control of the federal government. My view on this topic is pointed:

Allstate and other major insurers are seeking federal charter to avoid state consumer protection laws and to gain an economic advantage over other property and casualty insurers. The federal legislation offers no specified safeguards for consumers, and provides for the same inept federal regulation that allowed the collapse of our financial system.

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The Proposed Federal Charter Legislation Should be Named: "The Anti-Consumer Insurance Act of 2009"

If you love dealing with your group health insurance bills and claims, you will be overjoyed with the new legislation proposed in Congress allowing property insurance companies to apply for a Federal Charter. This proposed legislation is the most unfair and anti-consumer federal legislation filed in recent years.

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Is National Flood Going To Be In Business?

An article in the Insurance Journal, National Flood Insurance Program Set to Expire Tomorrow, caught my eye. I think the threat of expiration is political gamesmanship, as indicated in the piece: 

“John Prible, government affairs for the Independent Insurance Agents and Brokers of America, says the omnibus bill funding is currently being debated in the Senate but there's "a little game of chicken" happening between the House and Senate on any changes that may be made to the omnibus bill in the Senate. The debate could potentially derail the bill, he said.”

I wonder whether Mississippi Congressman Gene Taylor will try to use this opportunity to get the Multiple Peril Insurance Act of 2009, into law. I am not holding my breath, but stranger things have happened in the political arena lately. Taylor’s website has a summary of what he hopes his proposed legislation will accomplish: 

“The Multiple Peril Insurance Act would allow coastal homeowners to buy comprehensive insurance and know that hurricane damage will be covered without lengthy legal disputes over how much damage was caused by wind and how much was caused by flooding.

After Hurricane Katrina, insurance companies overbilled taxpayers and underpaid homeowners by blaming flooding for some damage that had been caused by hurricane winds and wind-driven debris.

The bill will reduce future property damage by requiring participating communities to adopt International Building Codes.”

I recommend Slabbed’s excellent article, HR 1264 - One policy. One premium. One claims adjuster. Protecting America’s home & business owner. Protecting America’s taxpayers, which explains Taylor’s Bill.

State Farm's, Allstate's and Nationwide's Concerted Agenda To Stop Competition And Insure Profits

Free enterprise is great until your competitors beat you. Dominant competitors may find it advantageous to combine interests to prevent new players from entering markets, destroying profit margins, and taking market share. It is amazing that there has not been more investigation and calls for transparency into the major personal lines insurance companies’ discussions and agreements which may reveal such a conspiracy. While anti-trust exemptions exist for insurance companies regarding sharing of loss data for rate making and other rate or form issues, there are no anti-trust exemptions for agreements that otherwise restrain trade and competition through collusion.

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How Different is the Health Insurance Crisis From Property Insurance?

Paul Krugman wrote an editorial, Insurance Horror Stories, in the New York Times which shows remarkable similarity between the health insurance industry and the property insurance industry in Florida, Mississippi, Louisiana and Texas. He noted:

"Because everyone faces some risk of incurring huge medical costs, only the superrich can afford to be without health insurance. Yet private insurers try to refuse coverage to those most likely to need it, and deny payment whenever they can get away with it."

This scenario must seem pretty familiar to most of my clients.

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Industry leaders taking sides on federal multiperil insurance

Rep. Gene Taylor proposed legislation to expand the National Flood Insurance Program (NFIP) to cover wind damage, in addition to floods.  NFIP currently only covers damage from a hurricane's storm surge.  Hurricane Katrina proved how difficult it can be to separate wind from water damage near shorelines.   The American Insurance Association has squarely come out in oppostion to Taylor's NFIP expansion bill, having commissioned a study which  found that the addition of wind coverage would increase NFIP's deficits.  In response, Rep. Taylor wrote a letter to the President of AIA, Gov. Marc Racicot, asking him to retract the report because it is "yet another bad faith action by the insurance industry" alleging "wild estimates of federal encroachment into private markets also are unfounded." Taylor is not without support for his legislation, in a surprising departure from the rest of the large insurance industry segment, Nationwide and Allstate have voiced support for the NFIP expansion. The House Committee on Financial Services, Subcommitte on Housing and Community Opportunity will hold hearings on H.R. 920, the Multiple Peril Insurance Act of 2007 today, July 17, 2007, at 2pm.  Click here to watch the hearings live.

Credit scores in underwriting: The redlining of the new millenia?

Throughout U.S. history insurers have routinely discriminated against minorities. Discriminatory treatment included such practices as charging minorities higher rates, offering minorities policies with inferior coverage, not returning calls for information from minority applicants or denying minorities coverage altogether. Homeowners insurance redlining is a form of this discrimination where an insurance agency or agent treats homeowners differently not necessarily because of their minority status, but because of the minority composition of the neighborhood their home is located in.

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House Hearing on Hurricane Issues on 6/12/2007

The House Financial Services Subcommittee on Oversight and Investigations, and the Homeland Security Subcommittee on Management, Investigations and Oversight have scheduled a hearing for Tuesday, June 12, 2007 to discuss the National Flood Insurance Program and the interaction between the NFIP and private insurers and the allocation of wind vs. water insurance claims in light of preliminary findings from Government Accountability Office and Department of Homeland Security, Inspector General reports.

Industry Divided Over Creation of Federal Insurance Regulator

There is a split among insurers over a Senate bill (S.40) to create a federal insurance regulator.  The bill would authorize the issuance of Federal charters and licenses for carrying on the sale, solicitation, negotiation, and underwriting of insurance or any other insurance operations, provide for a comprehensive system for the Federal regulation and supervision of national insurers and national agencies, and provide for policyholder protections in the event of an insolvency or the impairment of a national insurer. Opponents of the legislation have some heavy ammunition on their side, including two of the industry's largest political war chests. 

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National Catastrophe Fund Gains Congressional Support ... But Is It Enough?

Since 1992 Florida's representatives in Congress have been seeking a national catastrophe insurance fund. This year, though, there is hope the idea may be gaining support. The concept has evolved to the point that it may be more acceptable to states that aren't disaster prone. And Hurricane Katrina's devastation on Louisiana and Mississippi, combined with insurance problems in other coastal states, has made people realize disasters aren't just a Florida problem. Read more...