Close Close
Popular Financial Topics Discover relevant content from across the suite of ALM legal publications From the Industry More content from ThinkAdvisor and select sponsors Investment Advisor Issue Gallery Read digital editions of Investment Advisor Magazine Tax Facts Get clear, current, and reliable answers to pressing tax questions
Luminaries Awards
ThinkAdvisor

Regulation and Compliance > Federal Regulation

Package On The Doorstep

X
Your article was successfully shared with the contacts you provided.

The last few weeks, culminating with this week’s Republican convention, have been an exciting period for couch potatoes.

Specifically, there have been the Olympics, as well as the appearance of a severely ailing Sen. Edward Kennedy, D-Mass., and a feisty Sen. Hillary Clinton, D-N.Y., at the Democratic convention.

And Sen. Joseph Lieberman, Ind.-Conn., a “liberal,” is likely to receive a warm reception from a very conservative audience when he addresses the GOP convention.

In the midst of all that glamour and suspense, however, there was a return to reality for the insurance industry in the form of a reminder by National Association of Insurance Commissioners officials during a recent conference call of their “vehement” opposition to an optional federal charter.

The comment was made as NAIC officials negotiate with House Financial Services Committee staffers over language they will accept in legislation that will create an Office of Insurance Information in the Treasury Department.

They seek to limit federal authority of insurance to international trade issues, language that Treasury may find too narrow to accept.

What that final language will be is unclear as this edition of National Underwriter goes to press.

But what is clear is that this month may yield an historic step by Congress to dip the federal government’s toes into insurance regulation. And that step would be at odds with the NAIC’s apparently emerging hard-line position on a federal role on insurance issues.

In other words, it appears that too many rivulets of water whispering federal involvement in insurance regulation are emptying into the same stream, and that stream appears to be going in the opposite direction to where state regulators and legislators seem to be.

To put it into images that official Washington uses, there are many tea leaves pointing to some form of federal involvement in insurance regulation, both domestic and international, sooner rather than later.

The leaves include the fact that the bill, as amended through the talks with the NAIC, will likely move swiftly through the House, perhaps on the suspension calendar, which is reserved for action on bills with broad bipartisan support.

And a surprise leaf was candid comments on the issue by Sen. Chris Dodd, D-Conn., chairman of the Senate Banking Committee, at a hearing July 29 on insurance issues.

Dodd indicated that there is strong interest in such legislation in the Senate, and acknowledged that even considering federal involvement in insurance would have been heresy for someone who in the past has been an unabashed cheerleader for insurance interests in Congress.

Dodd noted in his remarks at the hearing that, “A few years ago, even the notion of a federal charter would have been met with vehement opposition. It was the third rail.”

Another leaf was disclosure by Sen. Harry Reid, D-Nev., a stalwart supporter of state insurance regulation, at an event at the Democratic convention in Denver that if Sen. Barack Obama is elected president and Sen. Joe Biden vice president, Dodd would likely move to head the Foreign Relations Committee. That would install, he said, Sen. Tim Johnson, D-S.D., a sponsor of legislation creating an optional federal charter, as chairman of the Senate Banking Committee.

And, on Sept. 10, the National Association of Insurance and Financial Advisors is scheduled to vote on a resolution supporting creation in principle of an optional federal charter.

The leadership of the organization, based on comments at various state meetings, believes they have the votes to support such a resolution, they told NU.

“NAIFA needs to be engaged in crafting an ongoing federal presence in insurance regulation,” said Jeff Taggart, new president of the organization.

“We need someone in government to be available so that congressional staffers understand the role insurance products play in our economy,” he said. “And, we need the same type of advocate in the federal government that banks, securities funds and mutual funds have access to.”

Congressional interest has also been piqued by the bond insurance fiasco. The Treasury Department is now weighing whether to pony up federal cash to prop up Freddie Mac and Fannie Mae.

As Sen. Richard Shelby, R-Ala., a key player–in fact, the de facto gatekeeper–in the Senate Banking Committee, said at the July 29 hearing, the problems created by the decision of bond insurers to stray from their key mission of insuring muni bonds into credit default swaps was a key factor in his decision to determine whether a federal role is necessary in insurance regulation.

And one of those problems is writedowns by Freddie in anticipation that a bond insurer is unlikely to be able to follow through on its commitment to pay off on several swaps.

In another words, a federal role in insurance regulation is on our doorstep. The only question is when the bell will ring telling companies, agents–and state regulators and legislators–to open the door to receive the package.

Quote

“There are many tea leaves pointing to some form of federal involvement in insurance regulation, both domestic and international, sooner rather than later.”


NOT FOR REPRINT

© 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.