States that are expressing interest in participating in the pilot include: Arizona, California, Illinois, Maryland, Missouri, Ohio, Oregon and Wisconsin.

Ms. Stead, who is heading up the regulatory team examining the issue of market conduct annual statements, says that the goal is to avoid duplicative market conduct examinations.

But one issue that is receiving a lot of discussion, she continued, is confidentiality concerns over collecting and housing data in a central location, such as an NAIC depository.

Interviews suggest that although there might not be seamless confidentiality standards if information is shared among states, insurers feel more comfortable with states sharing information than with housing data in one place. Speaking of the possibility of class-action litigation, an industry representative commented: “We're afraid of giving away the keys to the candy store.”

Many states have confidentiality laws, but they are not always consistent among states, Ms. Stead says.

Another issue that received a lot of discussion, according to Ms. Stead, is just how much data needs to be collected. Insurers are arguing that regulators already have enough data to detect problem companies.

Ms. Stead said that during a recent meeting, claims “aging” was one data source cited as a way of measuring market conduct. The measure looks at how long claims remain unpaid.

On the life insurance side, the number of cancellations and nonrenewals, and the number of replacements in relation to volume of new business was discussed, she added.

Another means of determining market conduct performance is to measure the number of complaints that a company receives directly, Ms. Stead explained.

A “how to” guide is also being looked at to detail how existing data could be more efficiently deployed.

Property-casualty insurance associations are working to develop a “how to” approach, according to Dave Reddick, market regulation manager with the National Association of Mutual Insurance Companies, based in Indianapolis.

In addition to the issue of confidentiality, Don Cleasby, assistant general counsel with the National Association of Independent Insurers in Des Plaines, Ill., said there is the issue of sheer volume of information that companies would have to gather and regulators would have to receive.

Efforts should first be made to analyze the information that is already available, he said. “The how-to guide needs to catch up,” he said.

The American Council of Life Insurers, based in Washington, favors “an improved market conduct examination system, one that is much more streamlined,” according to Jack Dolan, an ACLI representative.

Lenore Marema, vice president for legal and regulatory affairs with the Alliance of American Insurers in Downers Grove, Ill., said that discussions have focused on better use of existing information, such as complaint data and Insurance Regulatory Information Systems ratios.

Ms. Marema said that states get a “wealth of information” that could be used to create a consistent approach for analyzing companies. But if, for example, a market conduct annual statement for personal lines is implemented, she expressed concern that “another layer of data collection and regulation would be created on top of what they already do.”

Kevin Hennosy, who chairs SpreadtheRisk.org, based in Kansas City, Mo., said that a national overview works for financial analysis, and could work for market conduct analysis.

On the possibility of trial attorneys using data from a centralized data bank to sue insurers, Mr. Hennosy said: “If there wasn't a problem out there, these folks wouldn't have to worry about frivolous lawsuits.”

In fact, he continued, “if a regulator catches it first, you might be kept out of court.”

For trial lawyers to use the data in a central spot effectively, they would have to parse it very specifically, he said, adding that it would be far easier to get a market conduct report.

Insurers, according to Mr. Hennosy, are not the only ones who do not want to see the system change. Chief market conduct examiners are used to the current system, he added.

The framework of the financial statement system could be used for the market conduct system that is being built, according to Mr. Hennosy.

Jim Connolly is a senior editor with NU's Life & Health/Financial Services edition.

Reproduced from National Underwriter Property & Casualty/Risk & Benefits Management Edition, June 10, 2002. Copyright 2002 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.