Legislature(2001 - 2002)

05/04/2001 05:22 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
           SB 191-JOINT AVIATION INSURANCE ARRANGEMENTS                                                                     
                                                                                                                                
Mr.  BOB  LOHR,  Director  Division  of  Insurance,   expressed  his                                                            
appreciation  to  the  committee   for including   the  division  of                                                            
insurance  in  developing   SB  191.  Although  a  number  of  their                                                            
suggestions  were  incorporated  in the  bill, his  testimony  would                                                            
focus on ways the bill could be strengthened.                                                                                   
   · Minimum surplus and capital requirements similar to those                                                                  
     required  of a domestic reciprocal insurer have  been added and                                                            
     is an important addition to the legislation.                                                                               
   · Aviation insurance will only work if it is adequately funded.                                                              
     Authorization for  an aviation joint insurance arrangement that                                                            
     is tied  to a congressional  or legislative  grant or  loan for                                                            
     reserves should be explored.                                                                                               
   · The term "admitted assets" used on page 3, line 31 in section                                                              
     21.77.040  should be defined  since the specific meaning  under                                                            
     title 21  would not apply. In title 21 it is  a term related to                                                            
     statutory   accounting  and  would  not  be  applicable.   They                                                            
     suggested  replacing  "admitted  assets"  with "cash  and  U.S.                                                            
     treasuries.                                                                                                                
   · They recommend that the aviation joint insurance arrangement                                                               
     be  required  to  notify  members  that the  insurance  is  not                                                            
     regulated  and they provide no guarantee of protection  in case                                                            
     of  insolvency. Language  in AS  12.34.080 could  be used  as a                                                            
     model.                                                                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR offered  amendment  1 striking  the term  "admitted                                                            
assets" from page 3, line  31 and inserting "cash or U.S. treasury".                                                            
                                                                                                                                
SENATOR COWDERY moved amendment 1.                                                                                              
                                                                                                                                
CHAIRMAN TAYLOR asked for the next recommendation.                                                                              
                                                                                                                                
MR. LOHR said  the next recommendation was conceptual  in nature but                                                            
he was reading  from AS 24.34.080 relating to surplus  lines. In (c)                                                            
is  says, "a  producing  broker shall  execute  and  deliver to  the                                                            
surplus  lines broker not  later than  the end of  each month,  on a                                                            
form proscribed  by the director. A surplus lines  broker shall file                                                            
with the director  with a report required by (a) if  this section or                                                            
with the surplus  lines association  with the evidence of  insurance                                                            
required by (b)  of this section. The surplus lines  insurance first                                                            
placed  or renewed  in the  preceding  calendar month  an  affidavit                                                            
shall be  open to public  inspection. The  affidavit must contain  a                                                            
statement  by the producing  broker that  the insured was  expressly                                                            
informed  in writing before  the insurance  contractor coverage  was                                                            
bound that  the surplus lines insure  with whom the insurance  is to                                                            
be placed  is not  licensed  in this state,  is not  subject to  the                                                            
state's  supervision  and in  the  event of  the insolvency  of  the                                                            
surplus lines  insurer, losses will  not be covered under  AS 21.80,                                                            
the Alaska  Insurance  Guarantee Association  Act."  He thought  the                                                            
forgoing  could be adopted  for the purposes  of the aviation  joint                                                            
insurance arrangement.                                                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  said "That's to basically take them  out from under                                                            
any coverage  provided to other carriers  because they are  licensed                                                            
and  here in  the state  and  that's their  kind of  solvency  pool,                                                            
right?"                                                                                                                         
                                                                                                                                
MR. LOHR  replied  that SB  191 already  takes them  out because  it                                                            
precludes the  division from exercising any regulatory  function. It                                                            
simply  notifies the  policyholders  of the fact  that the  coverage                                                            
does not exist.                                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR  asked him to draw  up the amendment and  they would                                                            
include it in the bill.                                                                                                         
                                                                                                                                
MR. LOHR agreed to do so.                                                                                                       
                                                                                                                                
SENATOR ELLIS  asked whether  he had an opinion  on the adequacy  of                                                            
the minimum capital and  surplus requirements set forth in the bill.                                                            
                                                                                                                                
MR.  LOHR  replied   that  the  requirements  are   drawn  from  the                                                            
reciprocal  chapter and,  at this  time, aviation  insurance is  the                                                            
riskiest  form of  insurance.  Because of  this, there  is need  for                                                            
additional  mechanisms even  though those  mechanisms face  the same                                                            
difficulties that existing  insurers face. Because there are so many                                                            
air crashes  in Alaska, there are  many insurers that are  unwilling                                                            
to write  policies here unless  it's with  companies that are  known                                                            
and present  little  risk. Safety  is certainly  an  element of  the                                                            
concern and  those requirements are  better than no capital  surplus                                                            
requirements  but  adequate  capitalization  is imperative.  If  one                                                            
crash stands  to wipe out  the capital surplus  of the entire  joint                                                            
insurance aviation  arrangement then this is a recipe  for disaster.                                                            
                                                                                                                                
SENATOR ELLIS  asked what would constitute adequate  capitalization.                                                            
                                                                                                                                
MR. LOHR thought the current  statutory requirement would have to be                                                            
doubled at a minimum.                                                                                                           
                                                                                                                                
SENATOR ELLIS  asked Chairman Taylor  for the basis for his  figures                                                            
for the capital and surplus requirements.                                                                                       
                                                                                                                                
CHAIRMAN  TAYLOR said  they were  the same as  reciprocal  insurance                                                            
carriers.                                                                                                                       
                                                                                                                                
Number 690                                                                                                                      
                                                                                                                                
SENATOR ELLIS  asked if it was realistic  to think that Congressman                                                             
Don Young would capitalize such a fund in Alaska.                                                                               
                                                                                                                                
CHAIRMAN TAYLOR replied  that Congressman Young was thinking about a                                                            
$500  million  figure,   which  is  much  higher  than   the  figure                                                            
legislators considered.                                                                                                         
                                                                                                                                
SENATOR ELLIS  asked whether  Mr. Lohr had  thought about  exempting                                                            
from his oversight the activity referred to on page 2, line 5.                                                                  
                                                                                                                                
MR.  LOHR   said  the  Alaska  Municipal   League  Joint   Insurance                                                            
Arrangement and other entities  currently operate successfully under                                                            
statute  without regulation  by the  division. He  thought it  was a                                                            
legislative  policy  call as  to whether  something  was within  the                                                            
scope of  Title 21 or not.  In terms of  early warning of  potential                                                            
problems,  Title 21  regulations are  effective  and problems  would                                                            
come to light sooner if  they were regulating than if they were not.                                                            
                                                                                                                                
Number 552                                                                                                                      
                                                                                                                                
SENATOR COWDERY  noted that building contractors were  interested in                                                            
a pool several years ago and wondered how that was working.                                                                     
                                                                                                                                
MR. LOHR didn't  believe the effort was carried to  fruition but the                                                            
concern at that time was adequacy of capitalization.                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR agreed  that they  weren't able  to capitalize  the                                                            
effort.                                                                                                                         
                                                                                                                                
He directed SB 191 be held in committee.                                                                                        
                                                                                                                                

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