read Read

e-mail E-mailprint Print

NAMIC 2007 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 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

e-mail E-mail this page

print Printer-friendly format

ONGOING ISSUES

Rate Modernization (Based on NCOIL Model, NCSL Principles)

NAMIC's first agenda priority is adoption of "modernization" laws creating rate approval standards less restrictive than prior approval. In 2006, five states - Connecticut, Kansas, Indiana, Maryland and New York - enacted changes in their rating laws, primarily for commercial lines. NAMIC provided testimony and advocated for passage in some of these states and will continue to look for rate modernization opportunities in 2007.

Underwriting Freedom (Insurance Scoring, CLUE, etc.)

Insurance scoring continues to attract legislative attention in the states, and with the changes in state capitals following the November 2006 midterm elections, NAMIC anticipates more bills in 2007. The much anticipated Federal Trade Commission report on insurance scoring could be a factor in an increase in bills, should the report be perceived as being negative to the industry.

Prevent Application of Sarbanes-Oxley to Non-Public Insurers

Now that the National Association of Insurance Commissioners has finalized its position on the Sarbanes-Oxley (SOX) Act, the battle will shift to individual state legislatures and insurance departments this year. NAMIC is prepared to engage in this battle in the individual states.

EMERGING ISSUES

ALEC Regulatory Class Action Model Act

NAMIC staff worked closely with the American Legislative Exchange Council (ALEC) Civil Justice Task Force in 2006 to adopt its Regulatory Class Action Reform Act. The Act, modeled after legislation enacted in Texas in 2003, states that before deciding on a motion to certify a class action, a judge shall rule on all pending motions asserting lack of jurisdiction because an agency of the state has exclusive or primary jurisdiction over the action or a part of the action, or asserting that a party has failed to exhaust administrative remedies. NAMIC staff will look for opportunities to introduce the ALEC Act in states during 2007.

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. In 2006, 22 bills in eight states were enacted. NAMIC intends to continue working with NCIGF in 2007.

Natural Disaster "Fallout" Legislation

In 2006, a number of states introduced and, in some cases, enacted legislation that imposed certain restrictions on insurers in the wake of Hurricanes Katrina and Rita in 2005. NAMIC staff believes this will continue to be an issue in certain states in 2007 and will closely monitor such legislation.

Reinsurance Risk Transfer Issues

This issue did not draw the attention of lawmakers and insurance regulators in 2006 as it did the previous year. NAMIC staff, however, will continue to monitor this issue in states during 2007.

Identity Theft Legislation

Identity theft legislation continues to be an important issue for lawmakers in the states. In 2006, 22 states and the District of Columbia enacted a total of 36 bills. NAMIC staff closely monitors this legislation and looks for opportunities, especially with security breach proposals, to exempt insurance companies from additional reporting requirements beyond those they already are subject to under the Gramm-Leach-Bliley Act.

TARGETS OF OPPORTUNITY

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 2007.

Asbestos & Silica Reform

Since members of Congress appear unable or unwilling to reach consensus on appropriate asbestos and silica reforms, attention has focused on the states to enact reform measures. In 2006, legislation was enacted in Kansas and South Carolina. NAMIC staff is working with groups like the American Legislative Exchange Council and American Tort Reform Association on looking for opportunities to enact similar legislation in other states during 2007.

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 mutuals and eliminate outdated and sometimes contradictory sections of the code. In 2006, Tennessee, Minnesota and West Virginia enacted some form of modernizing legislation.