State vs. Federal, Round One

January 03, 2012 at 07:00 PM
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Insurance representatives on December 9 agreed at a Washington conference that the new Federal Insurance Office (FIO) is an "important single point of contact" at the federal level on insurance issues, especially international ones.

But at a conference of "Insurance Regulation in the United States: Modernization and Improvement," insurance representatives sitting on three separate panels failed to provide a consensus on what the role of the FIO should be in insurance regulation, and both praised and criticized state regulation.

The conference was convened by the Treasury Department, and chaired by Michael McRaith, FIO director.

The conference was aimed at gaining industry views in advance of a report on insurance modernization that the Treasury must provide by late January.

McRaith cautioned after the hearing that the FIO will meet the deadline, but that the first report will cover only the most important points.

He said, "we intend to be prolific" by providing reports on relevant issues going forward.

Transparency in financial statements and in dealing with consumers was discussed by a number of those who testified at the hearing, and McRaith indicated that it will be one topic covered in the report that DFA mandates be produced by late January. 

At its start, Neil Wolin, deputy Treasury secretary, said that before the Dodd-Frank Act was passed, there was "no institutional capacity to examine insurance at the federal level."

He said that, "to be clear, regulating the insurance industry is not the job of FIO." He said FIO's advisory role is working, and that the FIO will continue to work closely with state regulators to provide the federal perspective.

Wolin said, "We are reaching out in a variety of ways through an outreach process." He said the FIO will continue to play an important role in Financial Stability Oversight Council and the International Association of Insurance Supervisors.

The most dramatic moment at the conference was the comment by Walter Bell, chairman of Swiss Re, the Americas.

He said that Solvency II, the European effort for uniform capital standards, is going to happen in Europe, whether it is in six months or a year, and it is going to cost insurers.

"There has to be global surpervision," he said, because "the world is too small. "The problem is understanding what the regime is."

John Johns, CEO of Protective Life Insurance, Birmingham, Ala., noted that he sees some "great strengths" in the state system, and called the National Association of Insurance Commissioners "strong and effective."

But, he said the structure of the NAIC is a barrier, and that its "bottom-up structure" makes it hard for insurers to develop a strategic plan.

He added that it is hard for a highly fragmented state system to be a global regulator.

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