The 50 states no longer have exclusive control over what goes on in insurance.
Federal regulations have forced carriers to answer to another authority.
Will the federal government one day control the world of insurance the way it controls other aspects of the financial services field? Jamie Bisker, insurance research director for the research and consulting firm TowerGroup, believes such control will take place and discusses the possibility in his report entitled Recent Regulations Affecting the Insurance Industry. I think, eventually, the federalization of insurance, just like banking, will occur. Its only a question of how long it will take, he says.
The federal government has been inching into the insurance industry over the last decade with measures such as the Gramm Leach Bliley Act, HIPAA, the Sarbanes-Oxley Act, the USA PATRIOT Act, and the expansion of the OFACregulations. Bisker says the National Association of Insurance Commissioners (NAIC) has rallied opposition to a federal takeover of industry regulation, but he feels it is more of a cultural battle being waged than one that involves logic.
Ironically, the way [the NAIC] is forestalling federalization is by acting like a federal agency itself, he observes. The NAIC says, Here, well have a model regulation. You [insurers] sign on to it, and well keep those nasty feds away.
Bisker asserts he respects the work of the NAIC and claims one of the reasons insurers also respect the organization is the NAIC has stayed away from having a few people or states wield too much influence. The thing that works in [the NAICs] favor is it rotates its positions, he says. You dont have people lording their position or having multiple-year terms. If you are going to have something that is acting as a quasi-organization to help all the insurance commissioners do their jobs and act with some semblance or synchronization, its good there is no one person who stays long enough to impact [unduly] the organization. They are all there for the good of the industry.
One of the reasons the federal government is becoming increasingly interested in the insurance industry is technology, according to Bisker. Look at what the Internet can do for us, he says. It is logical you can have capabilities across the states that make sense. Its hard for me to understand the justification people have for why Texas has to be different than Ohio. There may be different hazards, but there is no hazard that is incredibly unique to any one locale.
The government has focused more on the life insurance industry when it comes to regulations such as anti-money laundering rules. There are obvious examples of the danger in selling, say, a single-premium life insurance product, but Bisker believes efforts also need to be focused on the property/casualty side. We know there is fraud in the P&C industry, he says. In the U.S., its something north of $20 billion a year. We have people coming here from foreign countries to perpetuate fraud. At some point, somebody has to recognize this [P&C] type of insurance fraud is a way to create funds, and it could be a way to fund terrorism. It may not be happening yet, but its something somebody should pay attention to.
Bisker does not believe insurers have been overly concerned with the federal regulations even though hefty fines have been issued. To insurers, it is just a compliance issue, he says. I dont think they have paid as much attention as they should. Insurers essentially have been lucky until now, he maintains, asking, Does that mean every carrier is doing its utmost to make sure it is not serving any specially designated nationals? Or is it just the bad guys havent been trying to buy car insurance recently?
ROBERT REGIS HYLE
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