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Chapter 8: Government Regulation of Insurers

Goals of Insurance Regulation (insurance is regulated at the state level; so some states are more consumer friendly or states are more insurer friendly; states have different laws) 

  • Maintain insurer solvency  

  • Educate consumers 

  • Ensure reasonable rates 

  • Make insurance available 

 

Maintain Insurer Solvency (solvency = insurance company trying to stay in business; insolvent = don’t have enough money to pay off their losses) 

  • Why do regulators care about the solvency of insurers? 

    • Insurance contracts are worthless if the insurer goes bankrupt.  

    • Potential financial hardship for consumers. 

 

What would happen if a hurricane struck Florida and led an insurer to insolvency? Some insurance companies cannot pay off claims. Each state has a guarantee fund. The purpose is to pay losses when an admitted insurance is insolvent. The fund will kick in and pay the losses but there is a cap.  

 

Educate Consumers (consumers are the buyers of insurance; insurance company holds all the power) 

  • Insurance policy is a complex legal document. 

  • Difficult to compare insurance coverages and costs. 

  • Insurance is a contract of adhesion. 

  • Prevent unethical insurers or agents from taking advantage of consumers. 

 

Ensure Reasonable Rates (insurance you are required to have; make sure it is affordable and acquirable; regulators make sure the increases in premiums are not excessive if a storm system does occur; regulators make sure they are charging enough to pay off losses) 

  • Ensure economically reasonable premium for needed coverages (health, fire, auto liability). 

  • Prevent excessive/unsubstantiated rate increases. 

  • Ensure premiums are sufficient to pay losses. 

 

Make Insurance Available (make sure insurance is available to everyone; regulators make insurance companies insure in places that they know are likely to endure risk from storm systems; they make sure the consumers have access to it) 

  • Fair Access to Insurance Requirements (FAIR Plans) 

  • Restrict the market exit of insurers.