Massachusetts To Make Directors More Accountable

April 30, 2003 at 08:00 PM
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NU Online News Service, April 30, 2003, 4:54 p.m. EDT — New York

Insurers' boards must do more to make sure that insurance companies are financially strong, according to Massachusetts Insurance Commissioner Julianne Bowler.

Bowler described efforts by the Massachusetts Division of Insurance to improve board performance here at an insurance law seminar sponsored by the New York City bar association.

Division officials will be examining insurers' corporate governance, then ranking the insurers in terms of the order of the work that they need to do, Bowler said.

Bowler reported that, during a recent review of company management, Massachusetts regulators found that many board members did not understand the insurance business.

Many "lack basic knowledge of products, risks and statutory accounting," she added. For instance, she said, some directors could not say whether a current information technology system would support a new product.

In some cases, directors either "completely acquiesced to management or asked perfunctory questions," she said.

Bowler also faulted directors for failing to focus enough on statutory accounting. Directors should pay more attention to statutory accounting because that is the system that triggers regulatory action, Bowler said.

In other sessions at the seminar:

Thomas Workman, president of the Life Insurance Council of New York, talked about the importance to New York life insurers of lowering both the nonforfeiture minimum crediting rate for annuities and the premium tax rate.

In March, the National Association of Insurance Commissioners, Kansas City, Mo., adopted revisions to the Standard Nonforfeiture Law for Individual Deferred Annuities. The revisions lowered the minimum nonforfeiture interest rate on fixed annuities from 3% to an indexed rate that could not be below 1%. A temporary regulatory measure had lowered the rate to 1.5%.

Insurers are now trying to enact that change in New York, according to Workman. Lawmakers have moved the initiative through New York's Senate Insurance Committee and they are still trying to move it through the Assembly insurance committee, Workman said.

Life insurers are also trying to lower the premium tax rate schedule in the budget currently under discussion to 1.5%, from 2%, Workman said. Imposing the higher rate would make New York-domiciled insurers less competitive with companies domiciled in other states, he predicted.

Craig Barrington, general counsel of the American Insurance Association, Washington, spoke of the "real possibility" of having class-action legislation on the floor of Congress by Memorial Day.

Barrington said a proposal that would let companies choose whether to be regulated by state officials or federal officials could advance from educational hearings to more "substantive" discussions in the next year or so and could be a reality within the next three to four years.

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