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NAMIC 2008 National State Legislative Agenda

	NAMIC Advocacy Actions and Archived Agendas
		Latest State Advocacy Actions NAMIC Updates Grids on State Civil Justice Reforms: NAMIC has updated a series of grids on state civil justice reforms. The grids cover appeal bond reforms, collateral source rule, joint and several liability, the Sunshine Act, class action reform, jury service, non-economic damages, prejudgment interest, and intrastate forum shopping reforms. (Date Posted: 9/11/2007) Florida: Post-hurricane Rule and Reporting Requirements Going to Cabinet Today: The Florida Financial Services Commission is scheduled today to adopt the Standardized Requirements Applicable to Insurers After Hurricanes or Natural Disasters rule. The rule revises insurance company reporting requirements and creates a template for emergency rules and orders following a hurricane or other major catastrophe. (Date Posted: 5/1/2007) Federal: NAMIC comments on bipartisan flood insurance reform legislation. Contact Justin Roth. (Date Posted: 3/28/2007) Federal: Private insurance market is best option to handle most natural catastrophes, NAMIC tells Congress. Contact Carl Parks. (Date Posted: 3/27/2007) Federal: Insurance and business groups urge lawmakers to reject McCarran repeal proposals. Contact Carl Parks. (Date Posted: 3/26/2007) Complete Advocacy Actions
		NAMIC 2007 National State Legislative Agenda NAMIC 2006 National State Legislative Agenda NAMIC 2005 National State Legislative Agenda NAMIC 2004 National State Legislative Agenda NAMIC 2003 National State Legislative Agenda NAMIC 2002 National State Legislative Agenda
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FIRST PRIORITY

Rate Modernization (Based on NCOIL Model, NCSL Principles)

NAMIC's top agenda priority is adoption of "modernization" laws creating rate approval standards less restrictive than prior approval. Over the past five legislative sessions, 18 states have adopted some form of rate modernization.

Underwriting Freedom (Insurance Scoring, CLUE, Predictive Modeling)

Despite the unqualified success of the NCOIL Credit-Based Insurance Scoring Model (laws or regulations in 27 states based on the model) and numerous reports, including the FTC report, confirming the correlation between insurance scoring and risk of loss, attempts to ban or severely limit use of the tool will persist in 2008.

Civil Justice Reform: “Bad Faith”

Due in large part to 2006 state and federal election results, trial attorney associations across the country are pursuing a myriad of anti-civil justice reform initiatives, chief among them being “bad faith” proposals. In 2007, bills in Maryland and Washington were approved and signed by their respective governors. Bills introduced in Minnesota, New Hampshire, Oregon and Vermont were ultimately defeated but not without extraordinary efforts to educate legislators and the general public of the adverse impact of such laws. In 2008, proposals are likely in Washington, Minnesota and elsewhere.

Natural Disaster & Coastal Issues

Since 2006, a number of states have debated and enacted legislation imposing certain restrictions on insurers in the wake of Hurricanes Katrina and Rita. Debate of these issues is likely to persist for the foreseeable future.

EMERGING ISSUES

Accident Response Fees

To date, cash-strapped municipalities in at least 18 states currently charge for accident response fees or are considering ordinances to allow for such fees. NAMIC views theses fees as a form of double taxation. In 2007, legislation banning accident response fees was signed into law in Missouri and Pennsylvania. The industry also made credible effort to adopt similar legislation in Indiana. 2008 is likely to be the most active year of debate on this controversial topic.

Guaranty Fund Reform

For the past few years, NAMIC staff has worked with the National Conference of Insurance Guaranty Funds (NCIGF) to enact appropriate insolvency fund reforms in relevant states.

TARGETS OF OPPORTUNITY

Identity Theft Legislation

Identity theft legislation may still be an important issue for some lawmakers in the states, especially security breach and credit freeze proposals. If such proposals are introduced, we will work to gain appropriate exemptions for insurance companies from additional reporting requirements beyond those companies are already subject to under Gramm-Leach-Bliley.

Market Conduct Reform

In 2006, NCOIL agreed to revisions in its Market Conduct Model Law following concerns raised by NAMIC and other trade groups. NAMIC is pleased with the changes made by legislators, and is prepared to monitor and participate in debate with lawmakers in any state that plans to move forward with the model in 2008.

Farm Mutual Modernization

Since 2003, NAMIC staff has helped farm mutual companies in several states revise their governing statutes. Although enactments have varied from state to state, most allow for new geographic territory for farm mutual companies and eliminate outdated and sometimes contradictory sections of the code.