State insurance concerns bubble up to federal level

The meeting grew out of a smaller NAIC leadership meeting with President Obama on the Patient Protection and Affordable Care Act's rollout issues, to which the state regulators added flood insurance issues in states like Louisiana and the frustrations with the Federal Insurance Office. 

Lew, according to a Treasury statement, said it was important to have an insurance framework that safeguards the financial system and Treasury's interest in identifying areas for agreement and common objectives. 

Florida Insurance Commissioner and NAIC past President Kevin McCarty said the meeting went "very well" and Lew was supportive of state-based regulation. McCarty said it was the start of a good relationship with Treasury. 

At the meeting, Lew supported the international role of FIO, as it is authorized by statute to coordinate federal efforts and develop federal policy on prudential aspects of international insurance matters, including representing the United States, as appropriate, in the International Association of Insurance Supervisors (IAIS) and assisting the secretary in negotiating covered agreements.

Lew also discussed Treasury  fostering "a race to the top" internationally and underscored the U.S. government's continued focus on higher global standards, a clear reference to the global capital standard handed down to global insurance supervisors by the G-20's Financial Stability Board (FSB).

The NAIC raised the issue of a lack of state regulatory membership on the FSB, which is handing down key policy mandates to the IAIS and banking supervisory bodies. Treasury, along with the SEC and the Federal Reserve, are the only U.S. members of the FSB. 

The NAIC was expected to try to persuade Treasury to include the state insurance regulators in the FSB dialogue given that matters that concern insurance regulation continue to percolate at that high level. However, this is not something Treasury can likely do unilaterally although it seemed the NAIC may expect it going forward from its statement. 

"We are extremely pleased with the Secretary's statement of strong support for the state-based regulatory system. The focus of the meeting was on significant international developments, including the ongoing EU/U.S. dialogue and Solvency II, the inclusion of state regulators in the work of the (FSB), and efforts to develop a global capital standard," said Louisiana Insurance Commissioner and NAIC President Jim Donelon in a statement. 

Lew instead, according to the Treasury summary, emphasized that Treasury and state regulators should work together to modernize the system of insurance regulation and continue engagement around these issues.  Nelson agreed in his press statement, stating that NAIC looks forward to a continued dialogue on issues of mutual interest with the Treasury Department "that strengthens our state-based system of regulation."

One of these areas where Treasury has deferred to the state regulatory side is on group supervision, according to Pennsylvania Insurance Commissioner Michael Consedine, NAIC secretary-treasurer. Consedine spoke up during the NAIC Financial Condition Committee meeting later that day. 

Consedine used that element to address an amendment to the NAIC Model Holding Company Act to encompass this and other issues coming up on the international supervisory front.

At FIO Director Michael McRaith's suggestion, the group agreed to communicate on a regularly-scheduled basis in the future.

Rhode Island Insurance and Banking Superintendent Joe Torti III noted during the Financial Condition Committee meeting that corporate governance  of insurance companies and use of captive insurers were singled out in the FIO report and that the NAIC intends to continue to address those issues in the coming year.