NJ Commissioner Considine to Leave for Health Plan Mgmt. Co.; Illinois Gets New Director, Andrew Boron

January 30, 2012 at 06:00 AM
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New Jersey Banking and Insurance Commissioner Thomas B. Considine, who capped his short but prolific career as a regulator with ushering through passage of the Reinsurance Model Law, has accepted a position as Chief Operating Officer (COO) of MagnaCare, which specializes in the self-insured market in New York, New Jersey and Connecticut.

Considine is proud of his two-year, business-friendly tenure in which he notes he fostered a regulatory culture that promotes growth, while maintaining vigilance in consumer protection and which resulted in the repeal of 21 "burdensome" regulations.

"After being an 'interested party' and someone very involved at the NAIC for 17 years, it was certainly interesting being behind the curtain, so to speak, as a member for these past two years," the commissioner said.

"While at times, the process can be as frustrating for a member as it is for interested parties, I have enjoyed my time immensely, and believe the membership as a whole is committed to serving the best interests of our country, albeit from different perspectives. I will miss the frank exchanges, which is still followed by warm camaraderie," Considine told National Underwriter.

For example some note, after years of tussling, the industry and regulators opposition to a compromise on the model law was reduced to mere grumbles, Considine, chair of the NAIC Reinsurance Task Force, was able to get unanimous support of proposed reinsurance reforms from the domestic ad international insurance community to clear the way for passage of the Credit For Reinsurance Model Law and Regulation, which modernizes U.S. state-based regulation of reinsurance by reducing reinsurance collateral requirements for non-U.S. reinsurers.

At the time it passed in November at the NAIC Fall meeting outside Washington, D.C., Considine says at the plenary session, that for the first time, no trade groups are opposed to the model. He says one may be neutral or tepid, but no one is opposed.

He acknowledged that the issue had "languished for years," but he said the action shows that the NAIC no longer has to stand for "No Action Is Contemplated." 

Bruce Ferguson, Senior Vice President, State Relations of the American Council of Life Insurers, said that, "although he has been at the helm of DOBI for a relatively short period, Considine has been one of the most productive commissioners in recent history. His successes in streamlining regulation are proof positive that an efficient regulatory process benefits consumers and regulated institutions alike."

Republican Gov. Chris Christie named Considine to serve  on Jan. 15, 2010.

Before his appointment, he worked at MetLife, Inc. for nearly 17 years, where he served most recently as Vice President & Government Relation Counsel. In addition, he served on the Board of Directors of the National Organization of Life and Health Insurance Guaranty Associations and various other financial services industry-related organizations. 

Considine backed agents and producers in the contentious November NAIC plenary resolution vote on the medical loss ratio (MLR) request to Congress and the U.S. Department of Health and Human Services.

As head of the working group overseeing the classification of contingent deferred annuities and a uniform program for their treatment, he is not automatically deferring to his largest domiciled insurer, Prudential Insurance Co. of America as it tries to win over regulators to the industry-embraced view that the products are not financial guaranty products. His former employer MetLife  and its regulator, New York, are taking a more stringent view of the product, which multiple regulatory and tax authorities are  also mining for oversight.

In a CDA, "the insurer does not hold any assets and does not have any effect on the investment outcome of the assets held under the contract. Thus, a contingent deferred annuity does not meet the basic definition of a "security" under federal securities laws. Nevertheless, the product does provide a form of financial guarantee to underlying assets that are securities," as Morningstar Advisor has stated in an online write-up.

New Jersey Department of Banking and Insurance rule-making actions to "alleviate unnecessary burdens" include repealing certain life and long term care  actuarial filings, auto insurance data reporting reductions and stripping of rules deemed unnecessary, and working to implement enacted legislation authorizing the licensure of captive insurers in New Jersey.    

Considine also oversaw the pending regulatory proposal to significantly reform NJ's Personal Injury Protection regulation to bring downward pressure on PIP rates.

For example, the Department repealed a requirement for insurers to annually submit data to the Department to enable it to compile and publish an annual "Term Life Insurance Comparison Guide" because more current data is now routinely posted on the Internet, making the data in the Department's annually issued comparison guide of little value. The Department also deleted the requirement that all advertisements of LTC policies be pre-filed for review, under Considine's tenure.   

Considine also established process through which mortgage guaranty insurers may apply for a waiver of the otherwise mandated liability to policyholder surplus ratio requirement.  

After the law permitting such waivers was enacted in late 2010, the Department advised mortgage guaranty insurers that they could begin to apply for waivers prior to the date on which the law provided that the issuance the waivers could commence, which expedited relief to the housing and mortgage refinance markets, according to the Department.

The Seton Hall bachelors and law school graduate also relaxed rules for insurance producers to facilitate insurance transactions via the Internet.   

Considine also introduced performance management metrics in the department itself to rival those of the private sector, including, a reduction of new product approval time by up to 58, reduction of bank exam turnaround time by 33%, admission of 59 new insurers into New Jersey and expansion of 64 others' authority, according to the Department.

Insurance industry regulatory lawyer John Fielding, in Washington, noted Considine "understands the industry and I think has a really balanced view of how regulation should be. Frankly, everyone I've worked with at the New Jersey Department is that way." 

As for Illinois, Gov. Pat Quinn named lawyer Andrew Boron as director of the Illinois Department of Insurance, a post which has been vacant since Michael McRaith, now of the Treasury Department's Federal Insruance Office, left in late last spring. 

Boron returns to state government after working as vice president and counsel at the ACE Group, where he served as primary liaison to the Departments of Insurance in nine states, including Illinois, the governor's office announced.  He also served deputy chief of staff at the Illinois Toll Highway Authority between 2009 and 2010. Boron began his career at CNA Financial, serving as counsel and then director of state government relations.

 
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