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Thursday, March 11, 2010
Life Insurance Industry: Let Us Choose State Or Federal Regulation

by: Frank Ahrens
published: Jun 09, 2009
As the Obama administration puts the finishing touches on a plan to overhaul financial regulation, the life insurance industry today issued a plea for one of its top priorities: giving insurers the ability to choose whether they are supervised by state or federal regulators, The Post's David Hilzenrath reports.
Life insurers are currently regulated at the state level, making it hard for the federal government to monitor their financial health and any risk they might pose to the broader economy. The American Council of Life Insurers, an industry lobby, says that a federal overseer is needed, but it wants insurers to be able to choose whether to submit to its oversight.

Consumer advocates, state regulators and some members of Congress have argued that making federal regulation optional would allow insurers to play one regulator off another and shop for the most accommodating overseer in a race to the bottom, much as occurred in the banking world.

In a letter Tuesday to Treasury Secretary Tim Geithner, ACLI president Frank Keating underscored the importance the industry attaches to an ''optional federal charter,'' and he dismissed concerns about the phenomenon known as ''regulatory arbitrage.''

''The life insurance business is not seeking, nor would this Congress ever consider enacting, a federal insurance regulatory system that is weak in terms of consumer protections and solvency oversight,'' he said.

Allowing insurers to chose their regulator ''would be a disaster for consumers,'' said J. Robert Hunter, director of insurance for the Consumer Federation of America.

For insurers that operate across state lines, answering to one regulator in Washington could make life simpler.

The Treasury has tentatively approved bailout funds for some big insurers, but to make sure the federal government had a window into their finances, it limited the aid to companies that owned banks and therefore fell under the jurisdiction of federal bank regulators.


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National Regulatory Modernization for Insurers FAQ's
Would the proposals create a big new bureaucracy?
Would these national regulatory proposals increase compliance costs?
Would the creation of a national regulator help incumbent companies make larger profits?
Is an Office of Insurance Information a good idea as a precursor to a national insurance market?
What would the proposed national regulators affect state regulation? What about federalism?
Will states lose tax revenue under an Optional Federal Charter?
Would insurance companies withdraw from certain parts of the country under an OFC?
Would there be a ''race to the bottom''?
Would an OFC subject insurance companies to both federal and state laws, thus increasing the overall burden of regulation?
What is really wrong with the current state system?
Will an OFC help the development of new insurance products?
Is the insurance industry unified in its support of OFC?
Would local insurance agents go out of business under an OFC?
Supporters and opponents of an OFC both cite Illinois as an example of what the market would look like under an OFC. What is the Illinois market like?
What would an OFC do for America’s international competitiveness?
Do other developed countries have something like an OFC?
Would an OFC protect consumers from insurance fraud?
Will it confuse consumers?
Do government-set rates protect consumers?
J. Robert Hunter of the Consumer Federation of America has presented a range of data showing that publicly held insurance companies are relatively safe investments and have become safer in recent years. Does this prove that the insurance industry is reaping more profits than it deserves and should not be rewarded with an Optional Federal Charter?
Does a ''revolving door'' between the industry and regulators prove that the insurance industry and the state regulatory systems are corrupt or that the insurance industry ''owns'' state regulators?
Is an OFC the only way America could liberalize its insurance markets?
What are some alternatives to an OFC?
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