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Thursday, March 11, 2010
Guest column: Federal oversight of insurance industry wrong route to take

by: Bob Skow
published: Oct 21, 2008
Essays in the Oct. 5 Des Moines Register Opinion section asked, ''How to Build Better Financial Regulation?'' I was disappointed to see some were calling for federal regulation of the insurance industry as the solution.
These proponents of a new regulatory regime for the insurance industry have called for an optional federal charter (OFC) for big insurance companies.
Any rational citizen is scratching their head and saying, ''What?'' Are we to believe a company such as American International Group being able to choose how it is regulated through an ''optional'' regulatory system would have prevented this financial situation? Are we to believe that, despite experts across the country calling for more vigorous market supervision, a deregulatory proposal such as OFC is the answer? Are we to believe that pitting one regulator against another in a contest to be chosen by the regulated company would do anything but lead to a race to the bottom and lessen consumer protections?

While the problems with AIG are indeed a huge shock, even a cursory analysis of the practices that led to its dire situation shows that state insurance regulation and AIG's insurance subsidiaries bear no responsibility for its problems. Instead, AIG's problems are related to its pervasive use of credit default swaps. AIG's core insurance business isn't to blame for its problems, and this situation shouldn't be used as an excuse for wholesale deregulation of big insurance companies.

In fact, AIG's state-regulated insurance entities are stable, profitable and paying all claims. State insurance regulators actively monitor insurance entities for potential financial trouble and have many different tools to help insurers navigate adverse market developments. In addition, the state system utilizes a very effective safety net, the state guaranty fund mechanism, to protect consumers in the rare case of insurer insolvency. The health of AIG's state-regulated insurance businesses proves how effective state commissioners are in regulating the insurance market.

While state regulation isn't without its problems, and it does need targeted reform, these problems do not include the areas of financial oversight, solvency or consumer protection. If anything, the failure of AIG highlights the strengths of state insurance regulation and should mute, not amplify, the call for optional deregulation of big companies.

It would be a monumental mistake to transfer regulatory authority of the insurance business to the federal government. For one thing, look at the track record of federal agencies when it comes to oversight of financial services. The commercial banks, investment firms and international holding companies (like AIG) that are at the center of the nation's financial crisis are all regulated by the federal government. The savings-and-loan mess of the 1980s, which cost billions to clean up, also occurred on the watch of a similar federal bureaucracy.

In contrast, most elements of the insurance industry are regulated today at the local level by state officials, and those leaders and policymakers do an excellent job. All the states, including Iowa, have done a great job of regulating the insurance industry. At a time when crisis and turmoil are the norm in the banking and securities sectors, state regulators continue to quietly ensure that insurance companies are solvent, that claims are paid and that consumers are protected. State officials have experience, outnumber their banking and securities counterparts and handle countless inquiries and questions from consumers.

State oversight of insurance may not be perfect, but its record is far superior to that of the financial regulators at the federal level. Today, because of a great regulatory climate, Iowans enjoy some of the lowest and most competitive stable insurance markets found anywhere in the country.

The only people calling for federal oversight of the insurance industry are the big insurance players who desire the same level of weak oversight, accountability and consumer protection that has produced this current crisis. To them, I say, ''Thanks, but no thanks.''

Bob Skow is chief executive officer of the Independent Insurance Agents of Iowa.


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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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