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Regulation and Compliance > State Regulation

Regulators Discuss Fight Against Federal Charter Proposals

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State insurance legislators and regulators are talking here about the need to unite against the possibility that Congress might try to create a federal insurance regulatory system.

The lawmakers and regulators have gathered here for the spring meeting of the National Conference of Insurance Legislators, Troy, N.Y.

In the past, some NCOIL officers have objected to closed meetings at the National Association of Insurance Commissioners, Kansas City, Mo., and a sense that state insurance regulators may, in some cases, have failed to show the proper respect to state legislators.

But lawmakers and regulators here agreed during several sessions that they need to unite to prove that state regulation serves consumers better than a federal regulator could.

NCOIL, which has traditionally opposed efforts to create an “optional federal charter” for insurers, is considering a new resolution opposing OFC proposals, and NCOIL members could adopt the resolution Saturday.

The American Council of Life Insurers, Washington, and other insurance trade groups say creating a national regulation option could help U.S. insurers face global competition and, at the same time, make the U.S. insurance market more open to international competitors.

The ACLI has just released a study by Martin Grace and Robert Klein of Georgia State University that implies that insurance regulatory expenses appear to be rising faster than inflation and general employment growth.

Rep. Brian Kennedy, D-Hopkinton, R.I., the new president of NCOIL, and Sandy Praeger, Kansas insurance commissioner and the new president of the NAIC, said here at the meeting that they have not read the report and cannot yet comment on it.

But Praeger said during a panel discussion that state insurance regulators are unified in efforts to promote their ability to protect consumers in their states.

“Do you want to call someone in your state who understands the issues or a 1-800 federal number?” Praeger asked.

Kennedy questioned whether a federal regulatory would really cut costs and how well a federal regulatory system would serve his constituents.

State insurance regulators and legislators need to “head off further rhetoric about an OFC,” Kennedy said.

Texas Insurance Commissioner Mike Geeslin presented a plan for showing Congress why keeping the current state regulatory system would be more efficient than setting up an OFC system, if an OFC bill is introduced in 2009 or 2010.

Geeslin suggested:

- Preserving states’ expertise and experience.

- Standardizing lines of business when that is practical.

- Creating a body of standards.

- Setting up a national body that could help states respond quickly to emergencies.

Jane Cline, West Virginia insurance commissioner, talked about how the new Interstate Insurance Product Regulation Commission is starting to receive product filings and streamline state insurance regulation.

Roger Sevigny, New Hampshire commissioner and NAIC president-elect, described NAIC efforts to make sure states are complying with the National Association of Registered Agents and Brokers producer licensing uniformity requirements, which were part of the Gramm-Leach-Bliley Financial Services Modernization Act of 1999.

Alabama state Rep. Greg Wren, R-Montgomery, Ala., an agent for Northwestern Mutual Life Insurance Company, Milwaukee, reported that, because of the producer licensing process developed by the NAIC, he was able to get a producer license in Virginia by 9 a.m. the next day when he wanted to write a policy for an acquaintance living in Virginia.


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