Legislature(1997 - 1998)

04/22/1997 05:00 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
SENATE BILL NO. 104                                                          
                                                                             
     "An  Act relating to  regulation and  examination of  insurers            
     and  insurance   agents;  relating  to  kinds   of  insurance;            
     relating  to  payment  of  insurance  taxes  and  to  required            
     insurance reserves;  relating to insurance policies;  relating            
     to  regulation   of  capital,  surplus,  and   investments  by            
     insurers;   relating   to   hospital   and   medical   service            
     corporations;  relating  to the portability  and  availability            
     of health care  insurance; making amendments  to the insurance            
     statutes to  conform to federal requirements  regarding health            
     insurance;  relating to the  repeal of certain small  employer            
     health  care insurance  provisions;  requiring that  uninsured            
     and underinsured  motor vehicle  insurance apply to  claims of            
     an  insured even  if other  policy limits  are not  exhausted;            
     repealing delayed  provisions relating to dental,  vision, and            
     hearing  insurance  in  secs. 3  and  4,  ch. 101,  SLA  1992;            
     repealing  delayed  provisions   relating  to  small  employer            
     health care  insurance in secs.  4, 7, 9, and 12, ch.  39, SLA            
     1993;  repealing the  delayed effective  date  in sec. 5,  ch.            
     101,  SLA  1992,  and  in  sec.  13, ch.  39,  SLA  1993;  and            
     providing for an effective date."                                         
                                                                               
Co-chair Sharp provided a history of the bill in committee.                    
                                                                               
Senator Donley MOVED to ADOPT Amendment 1.                                     
                                                                               
There was an OBJECTION for discussion.                                         
                                                                               
Senator  Donley explained  that cases  in other  states had  raised            
potential problems related to rental  car insurance; the purpose of            
the  amendment  was  to prevent  litigation.  The  amendment  would            
clarify the hierarchy of claims  when a rental car was damaged. The            
first  place  a  claim  would go  would  be  the  collision  policy            
purchased when  someone rented a  car and purchased  collision; the            
second  place would  be the  operator  of the  car, if  they had  a            
policy;  the third  place  would  be the  owner  of the  rental-car            
company.  Most  people  believed   the  listed  order  was  already            
required in current  law, but litigation in other  states had shown            
that the claim order was not always clear.                                     
                                                                               
Senator  Donley  informed  the  committee  that  he  had  sponsored            
language in existing law eight  years prior that stipulated that an            
auto insurance policy  in Alaska required coverage  of rental cars.            
The amendment was consistent with  the original language to prevent            
litigation.                                                                    
                                                                               
Senator Torgerson  asked why  Canada was  listed in the  provision.            
Senator Donley answered that the language was in existing law.                 
                                                                               
In  response  to  a question  by  Co-chair  Sharp,  Senator  Donley            
explained how  the legislation  would work: If  a person  renting a            
car bought  a collision waiver,  the collision policy would  be the            
first  thing covering  damage  costs. If  a  person did  not buy  a            
collision waiver,  and the person's  auto insurance  covered rental            
cars, then  that would be the next  in line. The person  who rented            
the car out would be responsible  if the renting person had neither            
of the first two options.                                                      
                                                                               
Co-chair Sharp summarized that the  person who owned the rental car            
would  be  liable  if  the  person renting  the  car  did  not  buy            
additional coverage and did not  have it themselves. Senator Donley            
agreed.                                                                        
                                                                               
[SFC-97, Tape 122, Side B]                                                     
                                                                               
Senator Donley  noted that  the issue was  not completely  clear in            
other  states.  Under the  old  law,  a  person with  uninsured  or            
underinsured motorist coverage would  have a policy up to a certain            
amount; the  only way the  person could file  a claim under  such a            
policy was if there was a claim  and compensation did not cover the            
whole  amount  of  the  damages.  Because  of  overlap  with  other            
policies  and because  Alaska  had  mandatory auto  insurance,  the            
system  only  worked  if  someone   without  insurance  caused  the            
accident.  Anyone with  insurance  had coverage.  He believed  that            
people were confused  about the coverage. The law  had been changed            
to  clarify that  if one  person was  in an  accident resulting  in            
damages of $125,000 with a second  person who had $100,000 worth of            
insurance, the policy  of the second person would  pay $100,000 and            
the policy of the first person would pay the $25,000 balance.                  
                                                                               
Senator  Donley  continued that  there  was  a section  in  another            
statute [AS  28.22.020(1)(a)] that  was not modified.  The presence            
of the  conflicting statute enabled  the insurance companies  to go            
to federal  court and  get a  ruling that  the legislature  did not            
mean  what  it   said.  The  federal  court  determined   that  the            
protection did not have to be  paid for. The ruling was appealed up            
to the ninth  circuit to get it  back to the state court,  where it            
should have  been in the first  place. At the same time,  there was            
another  case  that  resulted  in   the  opposite  ruling-that  the            
legislature meant what it said.  In other words, one case said pay,            
the other said  not to pay; some insurance companies  in Alaska had            
to pay,  and some did  not. The amendment  would clarify  the issue            
and establish that the payment should be stacked.                              
                                                                               
Senator Donley articulated  the policy arguments on  both sides. On            
the one  hand, the argument was  that stacked policies  became more            
expensive.                                                                     
                                                                               
SENATOR TIM KELLY  reported that the Rules Committee  had sponsored            
the bill at  the request of the  Division of Insurance.  He did not            
object  to Amendment  2. He stated  that he  understood the  public            
policy call. He did  not believe Amendment 1 belonged  in the bill,            
however.                                                                       
                                                                               
MARIANNE  BURKE, DIRECTOR,  DIVISION  OF INSURANCE,  DEPARTMENT  OF            
COMMERCE AND  ECONOMIC DEVELOPMENT,  testified that Senator  Donley            
had succinctly  described  the issue, which  was controversial  and            
long-standing. She  affirmed that there were two court  rulings and            
that the  attorney general's  office had  filed a brief  supporting            
the  provision. The  division  supported  the brief  and  concurred            
with   it.  However,   she  noted   that  the   issue  was   highly            
controversial  and asked that  the amendment  [Amendment 1]  not be            
attached to the bill.  She stressed that there were  convincing and            
strong arguments  either way. She stated that both  the original SB
104  and   the  Kassenbaum-Kennedy   amendment  were   deliberately            
structured  to be  as non-controversial  as  possible, because  the            
bill was critical to Alaska.                                                   
                                                                               
Co-chair Sharp noted the OBJECTION to Amendment 1.                             
                                                                               
Ms. Burke  emphasized  that an  amendment as  controversial as  the            
proposed  amendment  could kill  the bill.  She  stressed that  the            
bill  had  to  go  through  during  the   current  session  or  the            
Kassenbaum-Kennedy  (the federal  regulation) effective  date would            
start.                                                                         
                                                                               
Senator  Kelly  asked  whether the  controversial  issue  had  been            
introduced on  its own merits. Senator  Donley replied that  it had            
not been introduced during the current year.                                   
                                                                               
A roll call  was taken on the  motion. [The answers were  difficult            
to  hear  on the  tape,  which  was  double-recorded  with  another            
meeting.  The  answer  of  Senator  Parnell  was  unclear  and  the            
outcome regarding Amendment 1 unclear.]                                        
                                                                               
IN FAVOR: Phillips, Donley, Adams                                              
                                                                               
OPPOSED: Torgerson, Pearce, Sharp                                              
                                                                               
Senate Pearce  MOVED to REPORT SB  104 (FIN) out of committee  with            
individual  recommendations   and  the  accompanying  fiscal  note.            
There being NO OBJECTION, it was so ordered.                                   
                                                                               
CSSB   104(FIN)   was   REPORTED   out  of   committee   with   "no            
recommendation"  and fiscal note by  the Department of  Revenue and            
zero  impact  note  by the  Department  of  Commerce  and  Economic            
Development.                                                                   
                                                                               

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