Industry News

A man who for the past decade has been one of the most outspoken supporters of federal insurance regulation in Congress, Rep. Ed Royce (R-Calif.), has fired the first salvo in what may be a renewed war on state regulation of insurance. Rep. Royce has launched a broadside against the National Association of Insurance Commissioners (NAIC). He said he intends to request a hearing to investigate the NAIC and its role in the insurance marketplace, which he said has gone far beyond what it has the legal authority to do.

A top Republican on the House Financial Services Committee, Royce said the NAIC has acted beyond its self-described role as a standard-setting organization and taken on a regulatory role, both in the United States and on the international stage. While the NAIC maintains it is a “trade association made up of regulators,” Royce contends the organization “imposes its will on companies and states through its accreditation standards while representing the U.S. on an international basis on rules it has no authority to enforce on a universal basis.” An NAIC spokesperson said the association had no comment at this time.

Royce was a prime proponent of creating the Federal Insurance Office (FIO) and tasking it with doing a study on the “benefits” — but not the disadvantages — of federal insurance regulation. Royce was also an author of the ill-fated so-called “optional” federal charter for insurers and producers. Prominent among Rep. Royce’s campaign contributors have been those at the forefront of the decades-long campaign to engineer a federal insurance takeover.

What It Means to Agents: The timing of this is not a coincidence. Very shortly, the much-delayed FIO study of insurance regulation, which PIA has maintained all along may be biased in favor of federal regulation, will be released. It may recommend some measure of federalization — unlike the recent Government Accountability Office (GAO) study, which praised our state-based insurance regulatory system for protecting markets, the insurance industry and policyholders during the financial crisis.

Attacking the NAIC and holding a congressional hearing could be part of a smear campaign timed to coincide with the release of a critical FIO report and recommendation. Royce said he sees the release of the FIO report “as a watershed moment for future regulation” of the insurance industry.

Make no mistake: This is very important to Main Street insurance agents. This is another attempt to shift to a federal model, to benefit a few big players. The “uniformity” that federal advocates tout could result in there being far fewer insurance companies, offering fewer choices to consumers, through fewer independent insurance agents. In addition, every state’s insurance premium tax could be at risk of being usurped by the federal government.

This battle has been fought many times before, and the state system has prevailed. It will prevail again. PIA remains steadfast in support of our state-based system of insurance regulation.

The PIA Partnership, the company relations council of the National Association of Professional Insurance Agents (PIA), has announced its annual project for 2014. Agency Touch Points – The Voice of the Customer: Commercial Lines will conduct a nationwide survey of commercial lines customers to determine their buying preferences.

Agency Touch Points – The Voice of the Customer: Commercial Lines will be the follow-up to the PIA Partnership’s groundbreaking 2012 study, Agency Touch Points – Voice of the Customer: Personal Lines.

“Recent studies backed by direct writers and captive carriers have contended that some buyers of coverages such as small and midsize business owners policies (BOP) have asserted that a majority want to purchase such coverages online,” said PIA National President Andrew C. Harris. “We believe that such studies lack credibility and that a more objective picture of buyer preferences is required.” Commercial Insurance Customers have been relying on the advice and council of their Professional Insurance Agent, just as they have with their CPA and Legal Counselor.

The 2012 survey on personal lines found that customers value what agents can do for them more than they value having a choice of products and policy coverages, and they are eager for producers to take a more active role in delivering those services. It found customers are looking for expert advice and counseling, personalized attention and interaction, the ability to offer comprehensive protection to meet individual needs and excellent relationship-based customer service. The survey also found that customers care about coverage and that price is not the primary determining factor.

Current PIA Partnership companies include: Encompass Insurance; Erie Insurance; Harleysville Insurance; Liberty Mutual Insurance; MetLife Auto & Home; Progressive Insurance; Selective Insurance Group; State Auto Group; The Central Insurance Companies; The Hanover Insurance Group; The Hartford; The Motorists Insurance Group; and Travelers.

Outgoing PIA National President Andrew C. Harris, CIC, CPCU, CRM, ARM, AIS, gave a report on the state of the Association during the September 22, 2013 Board of Directors meeting held in Las Vegas, Nevada. Harris’ term concludes on October 1, 2013 as he begins a one-year stint on the Executive Committee as Immediate Past President.

Harris outlined the many changes made and highlighted many of the resulting accomplishments over the past year.

“Going into this year, we realized we needed to align the mission that PIA National has with our affiliates,” said Harris. “We did that by putting together a plan and a vision. It was simple, because there was only one way to go, and that was up.”

“One of the first things that we had to do was build consensus,” Harris said. “How? You meet with people, talk with people and you have forums. We started that under [previous president] Tom Adderhold. We had forums at every meeting, where we promised you that there were no secrets; everything was on the table. That transparency and candor has to work in both directions for it to succeed. We set the example, and we need to have frank and honest feedback to the PIA leadership. The dialogue itself is the important thing. We don’t ever always agree on everything, but it’s important to know where your partners are coming from. We have to respect our partners.”

Harris said that one of his first priorities was conducting a comprehensive search for a new executive vice president. He said the lengthy, exhaustive process resulted in the hiring of Ron Von Haden as Executive Vice President of PIA National. He said that was “probably the best decision” made during the entire year.

Harris then gave a partial list accomplishments, including visiting 25 affiliates during the year; reestablishing our relationship with the PIA Trust; creating the Membership Committee; securing PIA Trust funding for the Membership Marketing Campaign and creating it; getting on track to achieve 10 percent growth in new members, with a positive net, nationwide; adding two new E&O carriers, Liberty Mutual and Markel, to compliment the offerings of PIAPRO; transforming the President’s Advisory Board into a breeding ground for new ideas; and expanding PIA’s commitment to the PIA Partnership, to “not only produce tools for agents to use, but to also talk about how together, PIA and carriers can work to change the dynamic and improve the market for us and them at the same time.”

“We have made some very positive changes during the last year. It’s really the first step along a very long process,” Harris said. “We have 19 years before we celebrate our 100th Anniversary. Let’s hope we can keep our changes focused in the same positive direction over the next 19 years.”

“The last challenge I have to this organization is to reclaim our birthright,” he concluded. “We were once a superpower. Somehow, we got off track. We recognized that, we accepted that and we said ‘We want to go forward together.’ If we try, I would love – assuming I’m still around – to celebrate the 100th Anniversary of PIA as the #1 agents association in the country. I believe we can do that if we all pull together, and if we all try. So, that’s my challenge to you.”

“It has been an honor and a privilege to serve you,” said Harris.

Audio excerpt of Andy Harris’ remarks (9/22/13)

Most customers who are lured away from independent agents by direct insurers promising lower prices will ultimately return to an independent agent. According to a recent study commissioned by The Hanover Insurance Group, nearly 60 percent of consumers who had purchased insurance through a direct channel ten or more years ago reported switching back to an independent agent because they wanted more value.

This study was conducted for The Hanover, an independent agency company and member of the PIA Partnership, by the research firm InsightExpress, which surveyed 1,000 consumers who purchased insurance through direct channels 10 or more years ago. Most consumers who switched back to independent agents cited expertise and convenience for their decision. According to the survey, the motivators for consumers who switched to work with independent agents also included the benefits of having one point of contact to handle insurance needs and questions and having the guidance of an experienced personal insurance professional.

“This research demonstrates that consumers really value the advice provided by independent agents and the personal relationships they build with their customers,” said Mark R. Desrochers, president, personal lines insurance at The Hanover. “The majority of respondents said their number one reason for switching from a direct insurance provider was to have someone to guide them through their insurance buying decisions. Clearly trust and expertise are important to consumers.”

“The study shows that consumers realize the value that independent agents bring. That’s why we deliver our products exclusively through agents who are ‘the value creating channel,’” said Dick Lavey, president of field operations and chief marketing officer at The Hanover.

Study Shows Consumers Who Go Direct Return to Independent Agents (Hanover 8/12/13)

The report by the Government Accountability Office (GAO) that found that the state insurance regulatory system helped mitigate the negative effects of the 2007-09 financial crisis on the insurance industry continues to make news. PIA’s report and analysis on the GAO study is featured in the National Underwriter’s Property/Casualty 360. In our analysis, we note that the GAO report serves as an objective counter-balance to an upcoming report that will likely not be objective: A study of insurance regulatory modernization by the Federal Insurance Office (FIO).

GAO: State Regulatory System Lessened Financial Crisis (National Underwriter 8/8/13)
Industry, Regulators Cheer GAO Finding that State System Worked Well (PIA)

A report by the Government Accountability Office (GAO) found that the state insurance regulatory system worked to help mitigate the negative effects of the 2007-2009 financial crisis on the insurance industry. In addition, the GAO found that since the financial crisis, state insurance regulators have continued efforts to strengthen the insurance regulatory system.

The report noted that state regulators were especially critical in maintaining general stability in the market during the crisis. “The effects of the financial crisis on insurers and policyholders were generally limited, with a few exceptions,” the report stated.

The GAO report was proposed 18 months ago by PIA and was prepared for the chairman of the House Financial Services subcommittee on Housing and Insurance, Rep. Randy Neugebauer (R-Texas), as well as subcommittee member Rep. Steve Stivers (R-Ohio).

PIA wanted the GAO to do the study because a separate Congressionally-mandated study of insurance regulatory modernization by the Federal Insurance Office (FIO) — which was due in January 2012 and has still not been released — would be biased in favor of federal insurance regulation, based upon the questions the FIO published for it.

“The GAO report is positive, in that it essentially says the state regulatory system worked well during the financial crisis,” said Mike Becker, vice president of federal affairs at PIA National. “It also says that state regulators and the NAIC have taken steps since the financial crisis to further strengthen the state insurance regulatory system.”

“Multiple regulatory actions and other factors helped mitigate the negative effects of the financial crisis on the insurance industry,” the GAO report notes. It said state insurance regulators and the NAIC took various actions to identify potential risks and help provide capital relief for insurers. In addition, several federal programs were also made available that infused capital into certain insurance companies. “Also, industry business practices and existing regulatory restrictions on insurers’ investment and underwriting activities helped to limit the effects of the crisis on the insurance industry.”

The report found that the financial crisis “generally had a limited effect on the insurance industry and policyholders,” with the exception of certain annuity products in the life insurance industry and the financial and mortgage guaranty lines of insurance in the P/C industry. PIA National will be providing additional analysis of the GAO report.

Impacts of and Regulatory Response to the 2007-2009 Financial Crisis (GAO)

Commenting in an article in Best’s News Service, National Association of Insurance Commissioners (NAIC) CEO Ben Nelson said he has been meeting with Federal Insurance Office (FIO) Director Michael McRaith and holding conference calls in an effort to clarify the FIO’s role on the international stage. But he said more communication may be necessary.

“Communication involves more than just meetings and telephone calls,” Nelson said. “It has got to mean that FIO has to tell us their positions in advance, so we don’t learn about them as a surprise or that they have a position but they can’t tell us what it is. That’s not communication.” Questions about the FIO’s role have reached a point where Rep. Randy Neugebauer (R-Texas), who chairs the House Financial Services Subcommittee on Housing and Insurance, has asked McRaith to submit monthly updates about the office’s interaction with the NAIC and on the development of policy positions.

Nelson said McRaith has attempted to speak on behalf of state insurance regulators and has “taken positions that run contrary to the state regulatory mechanism.” Nelson said some of the FIO’s actions and statements have led to confusion among its international counterparts about whether the office is actually a regulator. He said that only representatives of state regulatory bodies should speak on behalf of regulation.

NAIC CEO Nelson: Confusion Persists on FIO’s Role (Best’s News 7/10/13) (subscription)
Nelson to Congress: FIO Does Not Speak for Insurance Regulators (PIA 6/18/13)

Eliot Spitzer, the former governor of New York who resigned in disgrace as the result of a prostitution scandal that he said last week was the result of his “urges,” has announced that he will re-enter politics and run for Comptroller of New York City. In an odd twist, one candidate the ex-governor will face is Kristin Davis, the ex-madam who says she supplied him with hookers and who is running on the Libertarian line.

In November 2008, prosecutors in charge of the case announced that Spitzer would not face criminal charges for his involvement in the sex ring, because they found no evidence of misuse of public funds and therefore pressing charges would not serve the public interest.

Beginning in late 2004, Spitzer, then the state attorney general of New York, investigated allegations of bid-rigging and client-steering against a handful of insurers and mega-brokers. Then, together with a few of his fellow Attorneys General, he negotiated supposedly “voluntary” settlement agreements in which they agreed to forgo contingent commissions, without admitting any wrongdoing.

Smearing Main Street Agents

While Professional Insurance Agents were never suspected of any wrongdoing, Spitzer and his allies tried to tarnish Main Street agents with his broad brush. He attempted to use his “voluntary” settlements to bring about an industry-wide ban on contingent commissions, including those received by PIA members. In short, Spitzer wanted Main Street agents to be punished for the suspected wrongdoing of others, when Main Street agents did nothing wrong.

PIA battled this unfair assault led by Mr. Spitzer and his cohorts for the better part of a decade. We took legal action in 2006 to defend PIA members from the onslaught. In the end, the courts agreed with us, ruling that contingent commissions are ethical, not illegal, and not a breach of fiduciary responsibility. We also conducted a major public relations campaign, winning in the court of public opinion.

If you would like to peruse the entire history of PIA’s battles with Eliot Spitzer, click on this link. It will take you to PIA’s complete files, detailing almost 10 years of our fighting – ultimately, successfully – to protect the good name and reputation of all PIA members. Another link is to the brief PIA filed in federal court in which we made our case against Spitzer’s attempts to smear honest Main Street insurance agents. And there’s a recent link to a story about Spitzer blaming his problems on his “urges.” Check it out – all of it makes for very interesting reading.

PIA’s Years of Battles with Eliot Spitzer (complete file)

Spitzer Blames ‘Urges” for Prostitution Scandal (PBS 7/9/13)

Brief of Amicus Curiae
Unites States District Court, District of New Jersey
in opposition to Proposed Class Settlement with Zurich Insurers
National Association of Professional Insurance Agents
(Filed 9/15/2006)

In-Depth Article on Spitzer and PIA’s Brief (Rough Notes Nov. 2006)

A small bipartisan group of U.S. senators last week introduced legislation that would break up Wall Street’s megabanks by separating traditional banking activity from riskier financial services. The 21st Century Glass-Steagall Act would bring back elements of the 1933 Glass-Steagall Act, which divided commercial and investment banking and was repealed in 1999.

The new legislation would separate the operations of traditional banks with accounts backed by the Federal Deposit Insurance Corp. (FDIC) from riskier activities such as investment banking, insurance, swaps and hedge funds. It would include a five-year transition period and would call for penalties if companies violated the law. The bill is sponsored by Sens. John McCain (R-Ariz.), Angus King (I-Maine), Maria Cantwell (D-Wash.) and Elizabeth Warren (D-Mass.).

“Since core provisions of the Glass-Steagall Act were repealed in 1999, shattering the wall dividing commercial banks and investment banks, a culture of dangerous greed and excessive risk-taking has taken root in the banking world,” said Sen. McCain. “Big Wall Street institutions should be free to engage in transactions with significant risk, but not with federally insured deposits. If enacted, the 21st Century Glass-Steagall Act would not end Too-Big-to-Fail. But, it would rebuild the wall between commercial and investment banking that was in place for over 60 years, restore confidence in the system and reduce risk for the American taxpayer.”

21st Century Glass-Steagall Act (bill text)

New York Bill Awaits Gov. Cuomo's Signature; Montana Bill Introduced by Sen. Fred Thomas Signed Into Law

In a major victory for PIA, both Montana and New York have passed bills backed by PIA to address the large and growing problem all producers face when handling certificate of insurance requests.

In New York, the New York State Senate passed a bill, which was already approved in the New York State Assembly, and sent it to Gov. Andrew Cuomo for his signature. PIA of New York said it will continue to work diligently to urge the Governor to sign the bill as soon as it reaches his desk.

In Montana, State Sen. Fred Thomas (R), a past PIA National President, introduced the Certificates of Insurance Model Act (S. 158) and shepherded it to passage. It was signed into law on April 25, 2013 by Gov. Steve Bullock (D).

The victories in Montana and New York cap a two-year long process, in which PIA National took the lead in getting the National Conference of Insurance Legislators (NCOIL) to adopt a model bill to curb requests of agents for illegal Certificates of Insurance. PIA National President Andrew C. Harris led the effort along with PIA National Assistant Vice President of Regulatory Affairs David M. Eppstein, Esq. Harris testified at several NCOIL meetings, urging the legislators to act, because agents are increasingly being asked to add information to certificates of insurance that may not match the underlying policy terms. He also personally brokered a compromise with lenders to address their concerns.

What It Means to Agents: PIA’s leadership on this issue broke a stalemate that had existed for decades. Montana and New York are two of eight states so far to consider the NCOIL certificates model. This achievement is a powerful example of what PIA is able to accomplish for the benefit of PIA members everywhere, when everybody works together.

PIA Achieves Major Win with Certificates Model Law (PIA Connection 12/12)