CIAB Presses Counter-Signature Lawsuits

By Mark E. Ruquet

NU Online News Service, Feb. 10, 4:25 p.m. EST?The Council of Insurance Agents & Brokers said it has filed federal actions in three venues challenging regulations requiring the counter-signature of a resident agent for non-admitted agents and brokers conducting business in those jurisdictions.[@@]

Suits have been brought in U.S. District Courts in South Dakota, West Virginia and the U.S. Virgin Islands, CIAB said.

Scott Sinder, the CIAB's general counsel, said, in a statement, that each lawsuit argues that the counter-signature provisions violate the Privilege and Immunities Clause of the U.S. Constitution. The counter-signature regulations require a non-admitted agent or broker to obtain the signature of an admitted agent before a policy can be issue. In Florida, non-admitted agents were required to share a portion of their commission with the agent on an account.

CIAB last year successfully challenged the counter-signature requirements in Florida. In that case, U.S. District Court Judge Robert L. Hinkle in Tallahassee, Fla., ruled that there was no legitimate reason for the regulations except to protect the financial interests of Florida's agents.

A similar suit in Nevada is awaiting a second hearing, the Washington, D.C.-based association said. It added that it has now brought legal action in every state that has counter-signature requirements on the books.

"These counter-signature laws are egregious and stubborn vestiges of protectionism that have no place in the 21st Century," said Ken A. Crerar, president of CIAB in a statement. "It is ironic that at the same time the United States is seeking to break down global trade barriers, some of our own states still are erecting fences to commerce that affect our own citizens. It is time to bring those fences down."

Lynette Maselli, communications specialist for the West Virginia Insurance Commission said Jane L. Cline, insurance commissioner, has not yet been served with the papers or seen the complaint.

"It's not something that we were not expecting, but we have not seen the complaint yet, so it would be hard for us to comment any further," said Ms. Maselli.

Deverita Sturdivanp, director of the Division of Banking and Insurance in the U.S. Virgin Islands, said the department has not yet been served with the suit and it would not be prudent for her to comment until she has had a chance to review it.

The South Dakota Department of Revenue and Regulation, Division of Insurance did not have a representative available for immediate comment.

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