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Thursday, March 11, 2010
Regulatory Plan Would Create New Insurance Office

by: Jessica Holzer and Michael Crittenden
published: Jun 16, 2009
The Obama administration is proposing the creation of a new office within the Treasury Department to coordinate policy in the state-regulated insurance sector, according to a near-final draft of the plan.
The office would be charged with gathering information about the insurance sector and negotiating international agreements, according to the draft. It would also be empowered to consult with the Federal Reserve and the Federal Deposit Insurance Corp. on insurance matters if a failing insurer needs to be resolved by the government. Legislative action would be required to establish the new office.

The proposed insurance office is a far cry from the federal regulation of the industry that some insurers had been seeking. Large property and casualty firms and life insurers have pushed for years to have an optional federal charter but have been met with stiff opposition from smaller firms and insurance agents.

The divide was on display at a recent meeting between administration officials and representatives from the insurance industry, where the lack of unity on the issue of regulation and the tension between competing interests appeared to take government officials off guard, according to at least two people present.

''While the administration believes regulatory arbitrage is a thing of the past, they also seem to understand that a drastic overhaul of insurance regulation is unnecessary and unwise, and that we should instead look to bring more efficiency and uniformity to the market, while maintaining consumer protections, which is also the perspective of independent agents and brokers,'' said Charles E. Symington, Jr., senior vice president at the Independent Insurance Agents & Brokers of America.

Treasury will support proposals to revamp the current system of insurance regulation, the draft said.

Write to Jessica Holzer at jessica.holzer@dowjones.com and Michael R. Crittenden at michael.crittenden@dowjones.com


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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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