Legislature(2003 - 2004)

03/09/2004 01:30 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                        SB 357-INSURANCE                                                                                    
                                                                                                                                
CHAIR CON  BUNDE called  the Senate  Labor and  Commerce Standing                                                             
Committee meeting  to order  at 1:30  p.m. Present  were Senators                                                               
Gary Stevens, Ralph  Seekins, Hollis French and  Chair Con Bunde.                                                               
Senator  Bettye  Davis  arrived  at  1:40.  The  first  order  of                                                               
business to come before the committee was SB 357.                                                                               
                                                                                                                                
CHAIR BUNDE explained  that SB 357 is the  insurance omnibus bill                                                               
that ensures state consistency with  federal law and the National                                                               
Association  of  Insurance   Commissioners  (NAIC)  and  contains                                                               
reforms to  standards and guidelines.  It updates  procedures and                                                               
transactions  within  the  Division of  Insurance.  He  generally                                                               
summarized that it would:                                                                                                       
                                                                                                                                
     Provide   an   electronic  communications   opportunity                                                                    
     between  the Division  of  Insurance,  the public,  the                                                                    
     industry  and   other  regulators  with  the   goal  of                                                                    
     promoting efficiencies.  It has provisions  and changes                                                                    
     for reinsurance, contains  recommendations on licensing                                                                    
     revisions  that   have  been   suggested  by   an  NAIC                                                                    
     accreditation team. It changes  the liability for civil                                                                    
     damages when filing  reports concerning fraudulent acts                                                                    
     to a  person involved  in the prevention  and detection                                                                    
     of  fraudulent insurance  acts. It  contains provisions                                                                    
     that clarify  that a Guaranty Fund  deposit is required                                                                    
     for title  insurance companies and it  provides changes                                                                    
     to  tax  and  late  payments  to  make  penalties  more                                                                    
     consistent with  the Department of  Revenue's statutes.                                                                    
     It  includes penalties  for  surplus  line brokers  who                                                                    
     submit  late  payments  on  taxes.  In  general,  these                                                                    
     changes to  Title 21  will promote  consistency between                                                                    
     Alaska  and   other  states,  promote   more  efficient                                                                    
     operations and provide better public protection.                                                                           
                                                                                                                                
MS. LINDA  HALL, Director, Division  of Insurance,  Department of                                                               
Community & Economic  Development (DCED), said SB  357 deals with                                                               
changes to Title 21.                                                                                                            
                                                                                                                                
     The changes that we have  proposed in this bill are, we                                                                    
     feel,  necessary  to  keep Alaska  statutes  consistent                                                                    
     with some federal  law. There were a  number of changes                                                                    
     to   licensing   several   years  ago   to   meet   the                                                                    
     requirements  of the  Gramm-Leach-Bliley  Act and  with                                                                    
     model acts  and standards  of the  National Association                                                                    
     of  Insurance  Commissioners  (NAIC)....  Some  of  the                                                                    
     changes are  a result of the  accreditation process. We                                                                    
     are accredited by  the NAIC. Some are the  result of an                                                                    
     industry task  force and others are  just reflective of                                                                    
     what we think are good business practices....                                                                              
                                                                                                                                
     I  have   categorized  what  I   think  are   the  most                                                                    
     significant changes  into six categories.  [Indisc.] We                                                                    
     thought that  was appropriate. We did,  however, on the                                                                    
     other end in  each of those sections  include a $10,000                                                                    
     penalty  for  willful   violation  of  these  statutes.                                                                    
     [Indisc.]                                                                                                                  
                                                                                                                                
MS. HALL  explained that reinsurance  is basically  insurance for                                                               
insurance  companies and  if a  non-admitted [to  Alaska] insurer                                                               
takes  over the  insurance of  a domestic  insurer, the  division                                                               
needs to  be involved  in that.  That situation  typically occurs                                                               
when the state  has an insolvent insurer.  Further, she explained                                                               
that  there  were  changes  for   domestic  seeding  of  insurers                                                               
requiring  them  to be  licensed  in  the  state where  they  are                                                               
domiciled.                                                                                                                      
                                                                                                                                
SENATOR BETTYE DAVIS arrived at 1:40 p.m.                                                                                       
                                                                                                                                
MS. HALL stated  that sections 12 and 13 deal  with the licensing                                                               
of  a  reinsurer and  use  language  taken  from the  NAIC  model                                                               
regulation. She explained  that a number of years ago,  a pool of                                                               
life  insurers,  Unicover,   provided  reinsurance  for  workers'                                                               
compensation   coverage,  called   a  carve-out.   It  eventually                                                               
unraveled and  became insolvent. Out of  this situation, probably                                                               
the  most  important  activity  that really  came  to  light  for                                                               
regulators is  when they realized  life insurance  companies were                                                               
reinsuring  workers'  compensation  and weren't  licensed  to  do                                                               
that.                                                                                                                           
                                                                                                                                
     Section 12  sought to provide some  assurances that the                                                                    
     state  of  domicile  is aware  that  the  reinsurer  is                                                                    
     writing the workers' compensation  line of business and                                                                    
     does not object.                                                                                                           
                                                                                                                                
MS. HALL explained that the  financial statements and analyses of                                                               
life  insurance companies  are significantly  different from  the                                                               
financial statements and analyses  of property casualty insurers.                                                               
NAIC is the regulatory joint  body of regulators from each state.                                                               
They recently  recognized this  difference in  financial analyses                                                               
by  requiring  an  additional supplemental  financial  form  that                                                               
could be done with just a  letter. We're looking to make sure the                                                               
state of domicile  of domestic companies in  Alaska who currently                                                               
reinsure  portions   of  their  workers'  compensation   book  of                                                               
business is aware of that.                                                                                                      
                                                                                                                                
     We're certainly  not looking to  make a  statute change                                                                    
     that puts our domestic  companies at a disadvantage....                                                                    
     When the  workers' compensation is a  property casualty                                                                    
     line, we  want to make sure  they are aware so  they do                                                                    
     the additional  analysis that's required of  a property                                                                    
     casualty carrier.                                                                                                          
                                                                                                                                
MS. HALL explained further that:                                                                                                
                                                                                                                                
     The  other two  reinsurance sections,  sections 47  and                                                                    
     48, require  a filing approval  by the director  of the                                                                    
     reinsurance agreements.  We have had  several inquiries                                                                    
     about  this item  and  it  is my  intent  to work  with                                                                    
     industry in  changing the language.  We would  make the                                                                    
     requirement  to file  with the  director. We  would not                                                                    
     necessarily think we would have  to approve the company                                                                    
     insurance  agreement and  ... to  make the  reinsurance                                                                    
     agreements  confidential.  They are  proprietary;  they                                                                    
     are the  financial terms on which  an insurance company                                                                    
     purchases  their  insurance  and  we  do  think  that's                                                                    
     appropriate.                                                                                                               
                                                                                                                                
     In some  past financial  examinations, there  have been                                                                    
     difficulties   [in]    obtaining   signed   reinsurance                                                                    
     agreements.  We   are  willing  to  make   the  changes                                                                    
     necessary to  address the concerns of  industry, but we                                                                    
     also  need   to  meet  the   needs  of   our  financial                                                                    
     examiners. So,  we would like  to make sure that  we do                                                                    
     have  the  authority to  obtain  signed  copies of  the                                                                    
     reinsurance agreements. The reinsurance  is part of the                                                                    
     financial examination  to determine  the level  of risk                                                                    
     an   insurance  company   can  afford.   So,  I   would                                                                    
     anticipate bringing  some changes in language  for your                                                                    
     consideration.                                                                                                             
                                                                                                                                
CHAIR BUNDE asked when he could anticipate those changes.                                                                       
                                                                                                                                
MS. HALL replied that she had the language today. She would                                                                     
bring it to him for review. She continued her explanation:                                                                      
                                                                                                                                
     The   fourth  section   that  has   major  changes   is                                                                    
     licensing.  Over  the  years,  we have  tried  to  make                                                                    
     Alaska  licensing  consistent  with  the  rest  of  the                                                                    
     country.  There  are   some  federal  regulations  that                                                                    
     require us  to make certain  provisions so that  we are                                                                    
     reciprocal with  other states. We have  attempted to do                                                                    
     that -  [it] allows our  resident licensees to  be able                                                                    
     to obtain  licenses in  other areas  as well  as allows                                                                    
     non-residents to do business here.                                                                                         
                                                                                                                                
     Changes briefly - we will  add crop insurance, not that                                                                    
     we  have  a  lot  of that,  and  surety  licenses  that                                                                    
     currently  are not  licensed  sections.  They are  just                                                                    
     included  in the  property  casualty  licenses. We  are                                                                    
     proposing to eliminate trainee licenses  so that we are                                                                    
     consistent  with national  regulations. There  are very                                                                    
     few trainee licenses today and  we feel it's better for                                                                    
     someone to  study to become licensed  before they start                                                                    
     dealing with the public.                                                                                                   
                                                                                                                                
     We have  removed some language  that could  impose some                                                                    
     barriers for  what we call limited  lines license, bail                                                                    
     bonds and  - I'm  drawing a total  blank. Then  we have                                                                    
     statutory  language that  said  they  must. Their  sole                                                                    
     purpose  is to  be appointed  by an  insurance company.                                                                    
     It's  a  burden  that  we don't  think  is  appropriate                                                                    
     today.                                                                                                                     
                                                                                                                                
     We   have   some   sections  that   delete   additional                                                                    
     experience  requirements  that  are  inconsistent  with                                                                    
     federal  regulations   that  would  put  some   of  our                                                                    
     licensees at  a disadvantage  with other states  and we                                                                    
     are  also  requiring  that  surplus  lines  brokers  be                                                                    
     licensed as producers before they  can become a surplus                                                                    
     lines  broker.  These  changes,  again,  are  basically                                                                    
     consistent with  the National Producer  Model Licensing                                                                    
     Act and to bring Alaska into compliance with that.                                                                         
                                                                                                                                
     This section is  surplus lines. In the  summer of 2003,                                                                    
     we  had an  industry task  force that  met three  times                                                                    
     with the  Division of  Insurance staff  to look  at our                                                                    
     statutes and  our regulations.  That's the  practice of                                                                    
     surplus  lines business.  Surplus lines  business -  we                                                                    
     have two  kinds of insurance placements.  One is called                                                                    
     admitted  insurance  companies.  We regulate  them;  we                                                                    
     have to  approve their rates.  We approve  their forms;                                                                    
     they  jump  through  all the  hoops  to  be  considered                                                                    
     admitted insurers.  We have another group  of insurance                                                                    
     companies  who   for  various  reasons  choose   to  do                                                                    
     business  on  a  non-admitted  basis in  not  only  our                                                                    
     state,  but in  many states.  These are  called surplus                                                                    
     lines companies. It doesn't mean  that they are of less                                                                    
     value  or of  less financial  stability; it  just means                                                                    
     they have chosen to operate differently.                                                                                   
                                                                                                                                
     Because the  business of insurance is  so protected for                                                                    
     our   consumers,  there   are   special  statutes   and                                                                    
     regulations  that  tell  how   that  business  must  be                                                                    
     conducted.  There are  particular disclosures  that are                                                                    
     given; the business  just operates somewhat differently                                                                    
     than the traditional insurance  market that most people                                                                    
     are aware of.                                                                                                              
                                                                                                                                
     The producer  group that met this  summer with division                                                                    
     staff evaluated how Alaska works  and this included not                                                                    
     only Alaskan surplus lines brokers,  we also had people                                                                    
     come  to these  meetings from  Seattle where  a lot  of                                                                    
     Alaska business is written. So,  we had a fairly broad,                                                                    
     I felt,  representation of industry  to look at  how we                                                                    
     do business, how efficiently we work.                                                                                      
                                                                                                                                
     The  changes that  I would  highlight for  you in  this                                                                    
     particular  section  - one  would  allow  that for  the                                                                    
     placement  of health  insurance  in  the surplus  lines                                                                    
     arena,  if  we  had  a  health  insurance  crisis.  The                                                                    
     criteria,   and   there    are   some   fairly   strict                                                                    
     stipulations in  that section,  but the  basic criteria                                                                    
     [is] we  have to find  it in the public  interest. This                                                                    
     was done  at the  suggestion of the  Washington Surplus                                                                    
     Lines Brokers. A  number of years ago, there  was a lot                                                                    
     of  publicity when  Washington literally  had [indisc.]                                                                    
     surplus lines markets lines for  coverage. If you can't                                                                    
     find coverage in the traditional  market, you go to the                                                                    
     surplus  lines  market.  They suggested  we  make  this                                                                    
     statutory  provision that  should  we ever  get into  a                                                                    
     crisis situation, it would allow us some flexibility.                                                                      
                                                                                                                                
CHAIR BUNDE asked her how she would define a health insurance                                                                   
crisis.                                                                                                                         
                                                                                                                                
MS. HALL answered:                                                                                                              
                                                                                                                                
     We don't  define it  in statute, but  we talk  about in                                                                    
     the  public's   interest.  If   we  had   no  insurance                                                                    
     companies that  were willing to write  health insurance                                                                    
     here... It  can't be done  for competitive  reasons, it                                                                    
     can't be  done for pricing  reasons; it truly  would be                                                                    
     when we  found a  real need  in our  market. Typically,                                                                    
     surplus  lines  placements  are done  after  there's  a                                                                    
     diligent  search. In  the traditional  market, coverage                                                                    
     is not  available or  at least not  on the  same terms.                                                                    
     That's the  only way that  coverage can be placed  in a                                                                    
     surplus lines market.                                                                                                      
                                                                                                                                
CHAIR BUNDE inserted, "There is very likely a premium for those                                                                 
premiums."                                                                                                                      
                                                                                                                                
MS. HALL affirmed:                                                                                                              
                                                                                                                                
     Yes, there  is. They  typically are  more expensive....                                                                    
     Basically  - the  health insurance  example -  if there                                                                    
     were no or maybe one  health insurer left in the state,                                                                    
     and I would hate to think  we'd get there, but we don't                                                                    
     know what will  happen going forward. If  there were no                                                                    
     insurance companies  or maybe one that  refused to take                                                                    
     your  business,   we  still  have  the   ACHIA  [Alaska                                                                    
     Comprehensive  Health Insurance  Association] high-risk                                                                    
     pool. But, it would allow  the Division of Insurance to                                                                    
     make provisions for  a company that did  not today have                                                                    
     a  certificate  of  authority to  do  business  in  our                                                                    
     state,  but that  was  a stable  company,  that we  had                                                                    
     their  financial  statements  that  we  reviewed  their                                                                    
     rates.  We could  allow  them to  do  business in  that                                                                    
     circumstance.                                                                                                              
                                                                                                                                
SENATOR FRENCH asked if it was the lack of a certificate of                                                                     
authority that classified them as a surplus line.                                                                               
                                                                                                                                
MS. HALL replied that is correct. She continued her explanation:                                                                
                                                                                                                                
     Section 32 requires some changes  in the documents that                                                                    
     are  provided. Today,  in  our  statutory language,  we                                                                    
     have  requirements   to  produce  documents   from  the                                                                    
     surplus  lines of  a  broker to  the  insured that  are                                                                    
     practically impossible to meet.  It asks for everything                                                                    
     that would  be in  the policy  from every  exclusion to                                                                    
     every condition; and it's very  difficult to do that in                                                                    
     any  effective way.  We  do feel  that  the insured  is                                                                    
     entitled to  a document that outlines  all the material                                                                    
     parts  of  an  insurance  policy it  needs  and  we  do                                                                    
     specify in  the proposed statute the  pieces that would                                                                    
     have  to  be  there.  When   we  name  the  subject  of                                                                    
     insurance,  the  insurance  company,  the  premium  and                                                                    
     material exclusions coverage  limitations, we think the                                                                    
     insured   certainly  have   a   right   to  have   that                                                                    
     information prior to purchase of the insurance policy.                                                                     
                                                                                                                                
     There is also  a provision currently in  statute that a                                                                    
     policy is not binding and does  not have to be paid for                                                                    
     until the  insured gets the  notices that  are required                                                                    
     under  the surplus  lines statute  and notices  of what                                                                    
     those coverages are.                                                                                                       
                                                                                                                                
     The other section I would  like to point out is section                                                                    
     33, which  places responsibility on a  producing broker                                                                    
     as well as  the surplus lines broker for  notice to the                                                                    
     consumer  of  a  surplus   lines  placement.  There  is                                                                    
     statutory  language that  requires  the  insured to  be                                                                    
     notified  of the  fact and  we've  all become  familiar                                                                    
     with… solvencies and  the Guaranty Fund. It  has a much                                                                    
     different meaning today. There  is a requirement on any                                                                    
     surplus lines policy that there  is a stamp and type 10                                                                    
     print.  So  it's  a particular  size  that's  on  every                                                                    
     policy and notice is to  be given to every insured that                                                                    
     surplus lines  polices are not subject  to the Guaranty                                                                    
     Fund. So,  that is another difference,  Senator French,                                                                    
     with the surplus lines coverages.  They do not have the                                                                    
     protection  of  the   Guaranty  Association.  So,  this                                                                    
     notice requirement  requires the  producer, as  well as                                                                    
     the surplus  lines broker, to  give that notice  to the                                                                    
     consumer.                                                                                                                  
                                                                                                                                
CHAIR BUNDE asked her to differentiate between surplus lines and                                                                
reinsurance. "In essence, wouldn't my company basically go to                                                                   
surplus lines to reinsure?"                                                                                                     
                                                                                                                                
MS. HALL replied:                                                                                                               
                                                                                                                                
     No,  reinsurance  companies  actually can  be  admitted                                                                    
     insurance companies  in their state of  domicile with a                                                                    
     certificate  of  authority.  Some   of  them  are  from                                                                    
     countries  other  than  the United  States.  Those  are                                                                    
     called aliens - in case we  wanted to know that. We are                                                                    
     the  domestic company  if  they are  in  your state.  A                                                                    
     company that is domiciled in  another state is called a                                                                    
     foreign  insurer and  if they  are in  another country,                                                                    
     they  are an  alien  insurer. Many  of the  reinsurance                                                                    
     companies are domiciled in  European countries. So, the                                                                    
     reinsurance  is  the  insurance  companies'  insurance.                                                                    
     They write your $1,000 policy.  They retain - I'm using                                                                    
     really general figures - they  retain $100 of that risk                                                                    
     and  they reinsure  the  other  $900. That  reinsurance                                                                    
     counts as part of the financial [indisc.].                                                                                 
                                                                                                                                
CHAIR BUNDE said that the committee looked forward to working on                                                                
a CS that would incorporate the changes she wants in about two                                                                  
weeks.                                                                                                                          

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