Legislature(1999 - 2000)

04/12/1999 03:23 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
CSSB 87(L&C) - RENTAL CAR INSURANCE                                                                                             
                                                                                                                                
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's next order of business                                                              
is CSSB 87(L&C), "An Act requiring a license to sell rental car                                                                 
insurance."                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO declared a potential conflict of interest.                                                                
He stated his company does not have a position on this legislation,                                                             
nor did it have anything to do with the bill's introduction.  He                                                                
had not even known of the legislation's existence until Mr. Miller                                                              
informed him it would be introduced.                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG questioned whether Representative Halcro wished                                                               
to be excused.                                                                                                                  
                                                                                                                                
REPRESENTATIVE HALCRO answered he would allow the committee to                                                                  
decide.                                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG indicated the committee would not excuse                                                                      
Representative Halcro but appreciated the conflicts being stated                                                                
for the record.                                                                                                                 
                                                                                                                                
Number 0044                                                                                                                     
                                                                                                                                
CHARLIE MILLER, Lobbyist for AutoNation, Incorporated, came forward                                                             
to testify in support of the legislation.  The company he                                                                       
represents, along with The Hertz Corporation, has been negotiating                                                              
with the Division of Insurance on this language and requested the                                                               
legislation's introduction by the Senate Labor and Commerce                                                                     
Standing Committee.  Senate Bill 87 provides for a limited                                                                      
licensure for rental car insurance transactions.  The transactions                                                              
are incidental to the auto rental, the product is not sold on the                                                               
open market; it is not normal insurance in that sense and fits very                                                             
well into the limited licensure statute.  The industry was prompted                                                             
by regulatory action and litigation in other markets to approach                                                                
Alaska's Division of Insurance to discuss a solution for a                                                                      
potential problem.  This was done over the past interim, and this                                                               
language is the result of those discussions.  The Division of                                                                   
Insurance opted for this type of fix; some states exempt from                                                                   
licensure, and Mr. Miller believes there are other options as well.                                                             
He indicated CSSB 87(L&C) adds a new subsection, subsection (7), to                                                             
AS 21.27.150, limited licenses; subsection (7) provides the                                                                     
restrictions regarding the sale of these rental car insurance                                                                   
products.  Mr. Miller understands the Division of Insurance is in                                                               
favor of the legislation, and he is unaware of anyone in                                                                        
opposition.                                                                                                                     
                                                                                                                                
Number 0149                                                                                                                     
                                                                                                                                
HOWARD CONCKLIN, Director of Government Relations, AutoNation,                                                                  
Incorporated, testified next off-network via teleconference from                                                                
Florida.  He noted AutoNation, Incorporated owns Alamo Rent A Car                                                               
[Alamo Rent-A-Car, Incorporated] and National Car Rental [National                                                              
Car Rental System, Incorporated], and that the company name had                                                                 
recently changed from Republic Industries, Incorporated.  Mr.                                                                   
Concklin commented this legislation is typical of their efforts                                                                 
around the country to clarify general insurance laws to either                                                                  
provide an exemption or limited license.  Agreeing with Mr.                                                                     
Miller's summarization, Mr. Concklin related that one of these                                                                  
products has been sold for 10 years, the others up to 20 years,                                                                 
throughout the country.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG questioned that AutoNation is involved in the                                                                 
national marketing of used automobiles.                                                                                         
                                                                                                                                
MR. CONCKLIN answered in the affirmative.  They have AutoNation USA                                                             
used car megastores and they are the largest operator of new car                                                                
dealers in the world with approximately 300 dealers nationwide.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG questioned if this is insurance offered to a                                                                  
consumer at a rental car counter.                                                                                               
                                                                                                                                
MR. CONCKLIN agreed; it is only offered incidental to a car rental,                                                             
it could not be purchased as a stand-alone product.  The insurance                                                              
is typically bought for the period of the car rental.  Mr. Concklin                                                             
indicated the products are purely optional and some, especially the                                                             
liability insurance, may be sought by consumers who aren't covered                                                              
by their own personal policies.  Mr. Concklin noted foreign                                                                     
visitors are normally the higher incidence takers of these                                                                      
products.                                                                                                                       
                                                                                                                                
Number 0248                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG questioned that there was nothing inconsistent in                                                             
the legislation with a person having his/her own coverage,                                                                      
particularly coverage for uninsured or underinsured motorists.                                                                  
                                                                                                                                
MR. CONCKLIN agreed; there is nothing to prevent it, and nothing                                                                
requiring a person to take the rental car coverage.  He possibly                                                                
indicated a person's own policy might not cover a rental situation.                                                             
                                                                                                                                
CHAIRMAN ROKEBERG asked, "There's a number of credit card                                                                       
companies, particularly the premium cards, that indicate that they                                                              
will cover the differential, and that [it is] therefore not                                                                     
necessary to purchase any insurance coverage from a rental car                                                                  
agency.  Is there anything..."                                                                                                  
                                                                                                                                
MR. CONCKLIN answered that might be related to what the industry                                                                
terms collision damage waiver or loss damage waiver, which is for                                                               
property damage to the vehicle alone.  Basically, courts around the                                                             
country have declared that product is not insurance.  This                                                                      
legislation would not cover collision or loss damage waiver -                                                                   
damage to the car.  Mr. Concklin confirmed credit card companies do                                                             
offer this coverage.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG commented he is somewhat curious about that                                                                   
because he always refuses it.                                                                                                   
                                                                                                                                
MR. CONCKLIN stated he knows of no credit card that offers                                                                      
liability insurance to third parties in a rental situation.                                                                     
                                                                                                                                
Number 0333                                                                                                                     
                                                                                                                                
RICHARD McEVILY, Deputy General Counsel, The Hertz Corporation,                                                                 
testified next off-network via teleconference from New York in                                                                  
support of the legislation.  They believe the bill will clarify                                                                 
some situations that have occurred in other states.                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG questioned the necessity of this legislation in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. McEVILY indicated each state's insurance department has been                                                                
asked whether a license is believed to be necessary, and if so, the                                                             
question of limited licensure or exemption law has been posed.                                                                  
This occurred after a situation arose in Texas.  Mr. McEvily                                                                    
understands Alaska's Division of Insurance has opted for the                                                                    
limited license language as opposed to exemption.                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked about the fee the companies might pay.                                                                  
                                                                                                                                
MR. McEVILY confirmed they are assuming it would be a modest fee.                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. McEvily to comment on what the credit                                                               
card companies advise their clients, and, as a result, what Hertz                                                               
advises its clients.                                                                                                            
                                                                                                                                
MR. McEVILY echoed Mr. Concklin's comments:  he is not aware of                                                                 
credit card companies providing third party liability insurance.                                                                
What most of the credit card companies do is, as he understands,                                                                
provide secondary coverage for loss damage waiver, although it                                                                  
might be primary in some situations.  In essence, if a person does                                                              
not have his/her own insurance that applies to physical damage to                                                               
a rental car, the credit card company will step in.  The                                                                        
legislation does not address that; it addresses liability and some                                                              
other products.                                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG confirmed from Mr. McEvily there is nothing in                                                                
the legislation affecting that particular claim.                                                                                
                                                                                                                                
MR. McEVILY agreed, reiterating that courts around the country have                                                             
determined loss damage waiver is not insurance.                                                                                 
                                                                                                                                
Number 0474                                                                                                                     
                                                                                                                                
JOHN FERENCE, Deputy Director, Division of Insurance, Department of                                                             
Commerce and Economic Development, came forward to testify in                                                                   
support of the legislation.  The Division of Insurance feels this                                                               
measure represents a reasonable compromise between the need to                                                                  
protect the public from unqualified or deceptive insurance sales                                                                
and the operational realities of rental car companies.                                                                          
                                                                                                                                
REPRESENTATIVE BRICE referred to subsection (7)(C)(vi), "(vi) other                                                             
insurance as may be authorized by regulation by the director;".  He                                                             
questioned the broadness of the language on this limited licensure                                                              
legislation, although noting he doubted dental coverage would be                                                                
offered with the collision and liability.                                                                                       
                                                                                                                                
MR. FERENCE referred to the types of insurance sales allowed by the                                                             
bill [(7)(C)(i)-(v)], commenting that comprehensive and collision                                                               
insurance was not included at the request of Mr. Miller's clients.                                                              
The Division of Insurance felt it was important to provide a                                                                    
facility for doing so in the future without the need to seek new                                                                
legislation.  In addition, it allows the facility if the state                                                                  
moves toward a no-fault option or similar in the near future.  Mr.                                                              
Ference stated, "It allows us to amend the scope of what the                                                                    
license authorizes without having to seek new legislation."                                                                     
                                                                                                                                
REPRESENTATIVE BRICE surmised rental car agents have been renting                                                               
vehicles and selling this insurance for a number of years; he                                                                   
questioned the current concern about the inappropriate selling or                                                               
offering of that insurance.                                                                                                     
                                                                                                                                
MR. FERENCE answered it is the division's opinion that rental car                                                               
agents and personnel who have been selling insurance associated                                                                 
with rental cars have always been required to be licensed.                                                                      
However, Mr. Ference indicated it has come to the division's                                                                    
attention its existing standard license process, based on an                                                                    
insurance agent or broker selling a broad range of coverages with                                                               
a high degree of occupational stability, does not fit the rental                                                                
car environment.                                                                                                                
                                                                                                                                
Number 0630                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO commented on the marketing possibilities of                                                               
Representative Brice's idea.  Representative Halcro asked Mr.                                                                   
Ference about subsection (D), "(D) notifies the director in                                                                     
writing, within 30 days of employment, of the name, date of birth,                                                              
social security number, location of employment, and home address of                                                             
an employee authorized by the licensee to transact insurance on the                                                             
licensee's behalf; and".  He assumes this applies to rental agents                                                              
and managers who are selling the coverage at the counter.                                                                       
                                                                                                                                
MR. FERENCE answered the reporting is intended to respond to                                                                    
employees, and, as the rental car companies put new counter people                                                              
on staff, the division's standard agency licensing requires that                                                                
these employees be licensed before engaging in any sales activity.                                                              
This change would allow the employees to begin selling the products                                                             
before the reporting is made to the division.                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO questioned that a licensing fee would not be                                                              
required as the reporting occurred, or that individual licenses                                                                 
would not be necessary.                                                                                                         
                                                                                                                                
MR. FERENCE confirmed individual licenses would not be required;                                                                
however, the legislation contains provisions that would allow the                                                               
division to stop them from continuing if it turns out there is                                                                  
something wrong.                                                                                                                
                                                                                                                                
REPRESENTATIVE HALCRO questioned the division's plans to notify the                                                             
several small operators if this legislation becomes law.                                                                        
                                                                                                                                
MR. FERENCE indicated the division has anticipated this would be                                                                
necessary.  The division would accomplish this through a mailer.                                                                
                                                                                                                                
Number 0717                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked about notification in subsection (D) if an                                                              
employee leaves employment.  The chairman questioned if the                                                                     
division would have a never-ending list.                                                                                        
                                                                                                                                
MR. FERENCE answered the division would have an ever-growing list,                                                              
but, given that the employee "has not failed" when he/she was                                                                   
hired, there is no downside to non-removal.  Mr. Ference commented                                                              
the person would "just fade from the system."                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG indicated, then, there would be no electronic                                                                 
file storage problem and this avoids the need for two                                                                           
notifications.                                                                                                                  
                                                                                                                                
MR. FERENCE answered in the affirmative.                                                                                        
                                                                                                                                
REPRESENTATIVE BRICE asked what the division's role is under this                                                               
legislation if an employee is selling car rental insurance                                                                      
inappropriately.                                                                                                                
                                                                                                                                
MR. FERENCE indicated the division would be able to revoke the                                                                  
employee's authority to sell the products.  The division would also                                                             
be able to take sanctions against the license holder.                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG asked about the fee schedule and questioned                                                                   
whether the division has the authority in this legislation or this                                                              
section to write the necessary regulations.                                                                                     
                                                                                                                                
Number 0802                                                                                                                     
                                                                                                                                
MR. FERENCE replied the division's existing regulatory authority                                                                
allows it to establish a fee schedule for licenses.  The division                                                               
currently anticipates a fee schedule where the fees would be                                                                    
generically similar to those for existing licenses.  Mr. Ference                                                                
indicated this is in the context of one license issued per rental                                                               
car agency.  In response to the chairman's question about the fee                                                               
amount, Mr. Ference responded he believes the standard new license                                                              
fee is $125.  He confirmed that would be for an ordinary agent's                                                                
license.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG commented the division would be checking with                                                                 
other states before it sets the fee schedule.                                                                                   
                                                                                                                                
MR. FERENCE noted the division has existing fee schedules for                                                                   
agents and it was not contemplating creating a special fee schedule                                                             
for rental car agencies.                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG questioned that there had been testimony                                                                      
collision insurance would not be available.                                                                                     
                                                                                                                                
MR. FERENCE replied the industry testified it views the collision                                                               
damage waiver as something other than insurance.  The industry                                                                  
requested that, in granting the scope of this license, their                                                                    
employees not be permitted to sell collision insurance.  Mr.                                                                    
Ference noted the reason is because they are already selling, or                                                                
intend to sell, collision damage waiver.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG sought clarification.                                                                                         
                                                                                                                                
Number 0933                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO commented the industry is currently selling                                                               
collision damage waiver or, as it is called now, liability damage                                                               
waiver.  It is not classified as insurance; it is a waiver.  For a                                                              
fee per day, a person is waiving responsibility for any and all                                                                 
damages in the event of a collision or upset.  If a person declines                                                             
the waiver, he/she is responsible for the damages.  Representative                                                              
Halcro emphasized it is just a waiver and has nothing to do with                                                                
liability.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG questioned, then, if he buys the waiver from                                                                  
Representative Halcro's company and damages the vehicle, he does                                                                
not have to pay for it.                                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO confirmed that is correct.  He used his                                                                   
company as an example, noting it does not have comprehensive                                                                    
coverage.  If the chairman rents a car, accepts the liability                                                                   
damage waiver for $9.95 per day, and totals the vehicle, the                                                                    
company's coverage would pay for the person or object the chairman                                                              
hit, but not for the vehicle.  Representative Halcro said, "If you                                                              
decline that, then you're liable, not only for mine, but yours."                                                                
                                                                                                                                
CHAIRMAN ROKEBERG noted, "And I would look to my own auto insurance                                                             
(indisc.) recover that ...."  The chairman indicated, then, his                                                                 
credit card coverage would not extend that far.                                                                                 
                                                                                                                                
REPRESENTATIVE HALCRO commented many people are under the                                                                       
assumption, when using their credit card for coverage, that their                                                               
card will pick up the bill if they are in an accident.  In fact,                                                                
the person's insurance would be primary and the credit card's would                                                             
be secondary.                                                                                                                   
                                                                                                                                
Number 0994                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG closed the public hearing on SB 87 after                                                                      
confirming there were no other witnesses.                                                                                       
                                                                                                                                
Number 1028                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move SB 87 to the next                                                                    
committee of referral with attached fiscal notes and individual                                                                 
recommendations.  There being no objection, CSSB 87(L&C) moved out                                                              
of the House Labor and Commerce Standing Committee.                                                                             

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