It's no surprise that the top legislative issue for the Property and Casualty (P&C) insurance industry in 2015 is ride-sharing or transportation network company (TNC) bills. The issue of the new and innovative activity raising insurance coverage concerns emerged during 2014 but legislative calendars allowed for only 10 states to consider bills and just four states—Colorado, California, the District of Columbia, and Illinois—to enact laws. Consequently, as industry representatives prepared for the 2015 session it was expected that many states would be taking up legislation. As of press time, Georgia's House and the Oklahoma Senate both passed ridesharing bills and no fewer than 25 states began debating the issue.
The National Association of Mutual Insurance Companies (NAMIC) and other industry organizations are highly engaged in the effort—not to block innovation, but to ensure proper insurance requirements are part of the laws creating a framework for TNC operations. Any bill that is enacted should recognize that TNC services start when a driver logs on to the smartphone app and ends only when the ride has been completed and the driver has logged off the system. Additionally, bills should make clear that personal auto insurers have the ability to exclude commercial activity including TNC services and that specific coverage is necessary to protect drivers and riders.
Insurance advocates could have their hands full just dealing with TNC bills this year, but this issue only tops the list of what is proving to be a very active year for insurance. Other areas that NAMIC and partner advocates will focus on in 2015 include civil justice reform, e-commerce and financial regulation, as well as a smattering of property- and auto-related issues.
Civil Justice Reform
Legislative party control probably has the most impact on tort reform or civil justice-related issues, as the trial bar has traditionally found more allies among Democrats while Republicans tend to heed the concerns of the business community, but there always are exceptions. Several positive proposals have already been introduced in states such as Maryland, Nevada, New Jersey, and New York.
West Virginia is a good example of a state making strides on tort reform. A bill addressing trespasser lawsuits and another that abolishes joint liability and allows fault to be allocated to non-parties have swiftly made their ways to the governor's desk.
South Carolina has two comprehensive tort reform bills, one focusing on the asbestos bankruptcy trust and seatbelt admissibility. The other addresses trespass, punitive damages, innocent seller, and noneconomic damages.
E-commerce
The insurance industry has enjoyed some success during the past two years in shepherding the adoption of legislation allowing for proof of insurance by use of an electronic device and allowing insurers to use electronic distribution or online posting to provide notices and policy forms to customers. States have produced a number of positive bills thus far, and we have seen legislation filed in several states in 2015. NAMIC is currently working with other industry advocates to craft model legislation that will be introduced in other states.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.