Nevada Issues First New Broker Fee Rule
By Steve Tuckey
NU Online News Service, Feb 15, 4 :18 p.m. EST?Nevada has become the first state to set new broker compensation disclosure rules in the wake of the Marsh brokerage fee scandal.[@@]
The temporary regulation issued earlier this month has received a good review from an insurers' trade group.
Sam Sorich, vice president of the Property Casualty Insurers Association of America, said the Nevada Division of Insurance "took a well-reasoned approach in crafting its temporary regulation."
"Appropriately, the temporary regulation applies only to brokers," Mr. Sorich said.
The Nevada regulation defines a broker as basically anyone who is not an agent and thus restricts the category essentially to those people who are compensated by the insured. They would be the only persons expected to report under the new Nevada fee disclosure rules.
So far, bills have been introduced in only two other state legislatures, according to PCI vice president Mike Koziol.
Connecticut Gov. Jodi Rell has introduced a bill that tracks closely to the model created by the National Association of Insurance Commissioners in December, which includes agents in the reporting scheme. That measure will face competition from one introduced by the state's attorney general, Richard Blumenthal, which Mr. Koziol said the industry views as more onerous.
A bill has also been introduced in the Arkansas legislature that is also fairly closely modeled on the NAIC measure.
In California, a regulation has been proposed that would impose a fiduciary duty on brokers as well as contain a provision requiring them to seek the "best available insurer" for their customer. Mr. Koziol said these are unreasonable burdens on brokers.
NAIC regulators debated at length just who should be included in the new reporting requirements that require disclosure of compensation sources. Some wanted it limited to brokers, who are believed to be at the heart of the scandal that spurred creation of the model. But others felt agent compensation was also worthy of such scrutiny.
In the end both categories were included in the model law.
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