NAMIC 2004 National State Legislative Agenda

2004 Status Update (Statistics as of May):

(Note: Includes bills carried over from 2003.)

Again this year, budget deficits have driven state legislative agendas. Election year posturing is also impacting the number and type of bills moving forward. Because of these factors, a relatively modest number of insurance related proposals have been adopted or appear headed for approval.

I. Loss-History or C.L.U.E. Reports:

At least 13 bills have been introduced in 11 states (CA, CO, KS, ME, MD, MN, OK, UT, VA, WA and WY). All of these bills in some way restrict adverse actions or premium increases based on loss-history reports. Some proposals also prohibit adverse actions based on “simple inquiries” related to coverage. Only UT and WY have enacted legislation this year restricting the use of these reports.

II. Insurance Scoring:

At least 43 bills have been introduced in 27 states. These bills propose a wide variety of restrictions on the use of credit information including proposals in MA, MO, NY, OK, RI and UT calling for an outright ban of the use of credit-based insurance scores. Few bills appear headed for enactment. Colorado, Iowa and Tennessee are the only states in 2004 to pass legislation primarily based on the NCOIL model. A total of 19 states have enacted legislation based on the NCOIL model.

III. Rate Modernization:

At least 32 bills have been introduced in 17 states. Most bills propose greater restrictions on rate and form approval. A bill expanding flex-rating to homeowners insurance appears headed for approval SC. Despite strong legislative support, personal lines modernization legislation in NE failed to pass before the legislature adjourned for the year. SD is the only state so far this year to enact modernizing legislation. Their governor signed legislation earlier this year moving personal lines rate regulation from prior approval to file-and-use (no waiting period) and commercial lines to a no-file system.

(21 states require prior approval, while 20 states require file-and-use and the remaining 9 states allow for use-and-file.)

IV. Medical Malpractice:

At least 44 bills have been introduced in 18 states. Most proposals focus on caps of non-economic damages and restrictions on attorney fees. Legislatures in IA, MO and VA have sent tort reform legislation to their respective governors for signature.

V. Tort Reform:

At least 56 bills have been introduced in 22 states. Bills focus on a wide variety of tort related issues including caps on non-economic damages, attorney fee restrictions and joint and several liability. At least seven states (CO, MS, MO, OK, VT, VA and WA) introduced proposals based on the ALEC Jury Patriotism Act.

VI. Terrorism Insurance/Standard Fire Policy:

At least eight bills have been introduced in seven states (CA, CT, LA, MA, ME, MO and RI) creating terrorism exclusions in the state’s Standard Fire Policy. The CT legislature advanced legislation to their governor for signature.

Posted: Friday, July 02, 2004 12:00:00 AM. Modified: Monday, September 26, 2005 11:13:30 PM.

Salary Survey: Reports updated and available online 24/7/365.

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We are 1,400 property/casualty insurance companies serving more than 135 million auto, home and business policyholders, with more than $196 billion in premiums accounting for 50 percent of the automobile/homeowners market and 31 percent of the business insurance market. We are the largest and most diverse property/casualty trade association in the country, with regional and local mutual insurance companies on main streets across America joining many of the country’s largest national insurers who also call NAMIC their home. More than 200,000 people are employed by NAMIC members.