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Subject: INSURANCE NEWSCAST for Wednesday, 07/16/08 from www.InsuranceBroadcasting.com


Title: INSURANCE NEWSCAST

Wednesday
07/16/08

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INSURANCE NEWSCAST HEADLINES

1) SEC Subpoenas Over 50 Hedge-Fund Advisers: Report

2) While HMO Premiums Remain High, Rate of Increase to Decline in 2009, According to Hewitt Associates

3) Towers Perrin and Earnix Strategic Alliance on Pricing and Customer Value Optimization Initiative to Create Competitive Advantage for Insurers

4) AOL Launches Personal Finance Site

5) Mercer’s Enterprise Momentum™ Brings State-of-the-Art, Affordable Benefits Management to Small, Medium Employers

6) A.M. Best Special Report: Fair-Value Standard Impacts Insurers’ Balance Sheets

7) Eastbridge Study Recognizes Voluntary Sales Growth Leaders in the Small Carrier Category

8) DTCC Reduces Payment Risk in OTC Credit Derivatives Market

9) Citigroup CFO Says 2-3 Years Before Better Returns: Report

10) Economic Crisis Called Worst Since 70s

11) U.S. overseer says IndyMac "safe and sound"

13) Wachovia Credit Default Swaps Widen 75 Basis Points

14) Insurance Commissioner Failing to Enforce Against Discrimination

15) Today is Deadline for New Auto Insurance Pricing System Based on Driving Record Not ZIP Code

16) Clients Receive More ‘Than Just the Sale’ of Insurance, Says Agency Exec to Buffalo Compensation Hearing

17) InsMark Launches a Spanish Language Life Insurance Illustration System

18) U.S. Firms Rely On Worldwide U.S. D&O Policies To Provide Global Coverage, According To Towers Perrin Survey

19) Millions Believe Personal Medical Information Has Been Lost or Stolen

20) INSURANCE NEWSCAST "Pictures Of The Day"

Note: All Links Below Open A New Window:

21) Nanny Insurance: Great Idea But Who Can Afford It?

22) Warren Buffett's Berkshire In Its Own Bear Market

23) First Quarter BHC Securities Brokerage Income Jumps 73% from Fourth Quarter 2007

24) TIAA-CREF Continues Action on Corporate Governance and Social Responsibility

25) Lexington Insurance Company Introduces Truck Broker Liability Insurance

26) Liberty Mutual Group Expands China Operations with Beijing Branch

27) The Quantum Group Files TPA Application

28) Advantus Capital Launches High-Yield Mortgage Strategy For Institutional Investors

29) Summer Schedule For Life Settlement University

30) Companies Maintaining Realistic Outlook of Recession Impact on Insurance Claims, According to Wausau-Sponsored Survey

31) Report on Managing Cancer Care Details Management Strategies and Pricing Methodologies Being Instituted by Health Plans to Rein in Costs

32) Tropical Storm Bertha Passes 40 Miles East of Bermuda


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1. SEC Subpoenas Over 50 Hedge-Fund Advisers: Report

(Reuters) - The U.S. Securities and Exchange Commission (SEC) has sent subpoenas to more than 50 hedge-fund advisers as it investigates whether individuals spread false rumors to manipulate shares in two Wall Street firms, The Wall Street Journal said, citing a person familiar with the matter.

The subpoenas, sent as recently as Monday, are seeking trading and communications data related to short-selling and options trading in Bear Stearns Cos or Lehman Brothers Holdings Inc (LEH.N: ), the person told the paper.

Rumors have been blamed for the collapse of investment bank Bear Stearns and for the 40 percent slide in Lehman shares this month.

Some of the hedge-fund advisers have received subpoenas related to both probes, while others were contacted with respect to only one.

Among the firms that have received subpoenas are Citadel Investment Group LLC in Chicago and SAC Capital Advisors in Stamford, Connecticut, the paper said.

The subpoenas relate to trading in securities of the brokers, as well as correspondence between the hedge funds and other parties, people familiar with the inquiry told the paper.

The subpoenas are part of a broad inquiry, and firms that have received subpoenas were told by the SEC that they are not necessarily the focus of specific allegations, the Journal said.

Some hedge funds received subpoenas Monday. Other subpoenas were sent within the past few weeks, and several firms have turned over information to the SEC already. The probe is still in its early stages, the paper said, citing people familiar with the matter.

Separately, NYSE Regulation Inc, the regulatory unit of stock-exchange parent NYSE Euronext (NYX.N: ), sent a letter Monday to a number of its "largest member firms" requesting details on how those securities firms monitor compliance with rules prohibiting circulation of false and misleading rumors that could roil stock prices, the paper said.

The letter said the review was being conducted jointly with the Financial Industry Regulatory Authority, a Wall Street self-regulatory agency.

The securities firms that received Monday's letter were given a July 28 deadline to provide the information, including any disciplinary actions taken against employees linked to false or misleading rumors, the paper said.

Citadel Investment, SAC Capital and the SEC could not be immediately reached for comment.

(Reporting by Pratish Narayanan; Editing by Louise Ireland)

© Thomson Reuters 2008 All rights reserved

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2. While HMO Premiums Remain High, Rate of Increase to Decline in 2009, According to Hewitt Associates

To Combat Continued High Premium Rates, Companies Implementing More Aggressive Strategies to Mitigate Health Care Costs

LINCOLNSHIRE, Ill.--(BUSINESS WIRE)--Preliminary information from Hewitt Associates, a global human resources consulting and outsourcing company, shows that HMO premium rates will increase by approximately 11.8 percent in 2009—lower than last year’s initial rate increases, but still on track to outpace inflation and underlying health care trends.

As U.S. companies begin to negotiate HMO plan rates for 2009, data from Hewitt Health Resource™ (HHR)—a Web site that captures HMO rate information for 160 large companies representing approximately 1 million participants—shows that initial 2009 HMO rate increases are averaging 11.8 percent, compared with estimates of 13.2 percent in 2008 and 11.7 percent in 2007. After plan changes, negotiations and terminations, final average HMO rates in 2008 increased by 9.4 percent.

“While initial 2009 HMO premium rate increases remain high, we expect to see that employers will once again be able to reduce overall increases—by at least 2 or 3 percentage points—through aggressive negotiations, changes in plan offerings and designs and an increased focus on employee health and productivity,” said Jeff Smith, a senior consultant and co-leader of Hewitt’s HMO rate analysis project. “As the economy continues to weaken, and because salary increases are expected to remain similar to last year, employers are becoming increasingly sensitive to the effect higher health care costs have on employee take-home pay and payroll deductions. As a result, we expect to see more companies move away from traditional employer strategies—such as employee cost-shifting—toward more aggressive and innovative steps that not only help mitigate health care costs, but also keep more money in employees’ pockets.”

Employer Response to Rate Increases

Building on the success of their efforts last year, employers will continue to take aggressive steps in 2009 to mitigate the impact of high HMO premium increases on their health care budgets. These steps include:

Consolidating Vendors and Moving to Self-Insured Plans: An increasing number of companies are aggregating the lives from smaller and/or less efficient HMO plans into a consolidated risk pool with their most efficient health plan administrators. This creates more purchasing power and leverage through the negotiation process and typically results in more realistic assumptions around such factors as overhead and risk margins, while also reducing overall cost by having a smaller number of health plans to manage.

In addition, employers are moving away from local and regional fully insured HMO plan offerings, which have higher administrative costs and are subject to state-mandated benefit requirements that drive up premium costs. Instead, they are consolidating plan participants under self-insured arrangements where they assume the full financial risk for medical claim costs and pay the health plan an administrative fee for services such as claims processing and provider network management.

“By combining HMO enrollment under a national or regional self-insured platform, employers are able to streamline administration, offer more consistent designs across their markets and reduce costs—all of which help them avoid additional cost-shifting to employees, either in the form of reduced benefits or higher payroll increases,” said Smith.

Increasing Focus on Improving Employee Health: Employer interest in building employee knowledge and ownership for managing their health continues to grow. Most employers believe that keeping employees healthy has a direct impact on controlling health care costs, maintaining high levels of productivity and mitigating absences.

Hewitt’s research shows more than 85 percent of companies invest or plan to invest significant resources in long-term health and productivity initiatives over the next three to five years. Health- and wellness-related programs that address the spectrum of health risk from the healthy to the chronically ill—including health risk assessments, disease management programs, nurse help lines, and smoking cessation and weight management programs—are the most widely offered; however, emerging strategies such as value-based health plan designs and biometric screenings are rapidly gaining interest among employers.

Aggressively Negotiating With Health Plans: As in past years, employers continue to negotiate aggressively with their health plans to try to reduce initial premium increases, and they are coming to the negotiations table well-informed and ready to articulate their requirements.

As health and productivity becomes an increasingly important cost-management strategy, employers are engaging their health plans in multi-year partnerships to improve employee health. They are also holding them accountable for delivering on specific program measures, including participation levels, clinical outcomes, reductions in claim costs, and member satisfaction levels. In fact, Hewitt research shows that almost 60 percent of companies indicated that they plan to ask their vendors for quarterly reports on their contribution to their health and productivity strategy within the next five years.

Shifting Costs to Dependents: As employers struggle with making their health care budget dollars stretch further in an environment of continued high costs, some are beginning to cost-shift a portion of their dependent subsidy dollars to employees. This is taking many forms, whether through increased payroll contributions for dependent health care coverage or by applying surcharges to encourage dependent spouses to take coverage under their own employer’s plans.

In addition, employers are becoming increasingly interested in conducting dependent audits, which are designed to assess and remove plan costs for dependents who don’t qualify for coverage based on the employer’s eligibility requirements. More than 40 percent of Hewitt’s clients have conducted a dependent audit in the past five years, and another 10 percent planned to conduct one in 2008.

“On average, covered dependents account for more than half of the cost a company spends on health care, so while employers want to be viewed as ‘family friendly,’ they believe taking steps to reduce dependent costs are necessary in order to continue to provide affordable coverage for their workers,” said Bob Tate, chief health care actuary at Hewitt. “At the same time, companies realize that cost-shifting is not a sustainable long-term strategy for reducing health care spend, and they are moving beyond health and wellness strategies that focus solely on employees to ones that emphasize their entire covered population, which may include spouses, children and other dependents.”  www.hewitt.com

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3. Towers Perrin and Earnix Strategic Alliance on Pricing and Customer Value Optimization Initiative to Create Competitive Advantage for Insurers

LONDON & STAMFORD, Conn.--(BUSINESS WIRE)--Towers Perrin, a global professional services firm, and Earnix, a provider of customer value optimization solutions for financial services, are launching a new customer value and pricing optimization product. The joint offering will enable insurers to enhance business performance by utilizing robust market analytics to optimize interactions with customers based on their needs.

Maintaining underwriting profits continues to be a challenge in the insurance industry, where intense competition has made it increasingly difficult for companies to produce acceptable returns. More strategic approaches to pricing and customer value offer the best opportunities to improve bottom-line performance, with proven results ranging from 1% to 4% of gross written premium (GWP).

Earnix Optimizer provides an integrated platform for pricing and customer value optimization, incorporating a patented technology that enables insurers to provide customers with real-time offers and price quotations.www.earnix.com  www.towersperrin.com

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4. AOL Launches Personal Finance Site

NEW YORK (Reuters) - Time Warner Inc's AOL will launch a personal finance site on Tuesday, adding to a roster of new properties that do not bear its name.

The new site, called WalletPop.com, is a spin-off of AOL's Money & Finance channel and will focus on consumer and personal finance. AOL Money & Finance will continue to business and investing news and tools.

The launch of another site not bearing the AOL brand is part of a plan to create new online businesses courting younger audiences unfamiliar with a company whose heyday ended with the popularity of high speed Internet access.

TMZ.com, a celebrity entertainment site created by AOL and a unit of Warner Bros, added 35 percent more users in May, now attracting about 9.2 million visitors monthly, according to comScore. Asylum, which the company said is now the top men's site, attracted 2.7 million unique visitors in May.

Walletpop offers "a comprehensive, accessible, and interactive web site focused exclusively on the money matters of real people, such as debt management, finding the best deals, saving, retirement, insurance, real estate, banking, taxes and more," Marty Moe, Senior Vice President, AOL Money & Finance said in a statement.

Walletpop's launch follows on the heels of the July launch of BigDownload.com, a site targeting PC gamers.

(Reporting by Kenneth Li; Editing by Andre Grenon)

© Thomson Reuters 2008 All rights reserved

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5. Mercer’s Enterprise Momentum™ Brings State-of-the-Art, Affordable Benefits Management to Small, Medium Employers

NEW YORK--(BUSINESS WIRE)--Mercer today announced the launch of Enterprise Momentum™, a new suite of employee benefits insurance management offerings for small- to mid-sized employers.

Built upon Mercer’s substantial experience as one of the largest insurance brokers serving this market, Enterprise Momentum provides a cost-effective way for clients with 50–500 employees to avail themselves of many of the tools, processes and expertise that large organizations employ to successfully manage these programs.

“Enterprise Momentum is designed to contribute to the overall success of companies through the effective and strategic management of their benefit programs,” said Kerry Finnegan, US enterprise business leader. “Much of this process is delivered through Mercer’s newly trademarked Core Services Client Calendar™, which helps employers sustain benefit programs year-round as they compete for talent in an increasingly shrinking labor pool.”

Enterprise Momentum is focused on helping employers save money and time and creating near- and long-term benefit program strategies that help attract and retain qualified talent. Enterprise Momentum also provides clients with benefits-related regulatory support and updates.

The offering includes a number of brokerage/consulting services, including carrier services audits, cost forecasting software, benefit communications, a consumerism readiness audit, a benchmark profiling program, online renewal and placement support, and a dedicated local service team. http://enterprisemomentum.com.

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6. A.M. Best Special Report: Fair-Value Standard Impacts Insurers’ Balance Sheets

OLDWICK, N.J.--(BUSINESS WIRE)--Dislocation in the capital markets and rising investment risk continue to place stress on the balance sheets of publicly traded life and annuity companies. Despite a challenging first quarter, A.M. Best Co. does not expect industry-wide distress.

* Comparing the change in accumulated other comprehensive income (AOCI) of year-end 2007 to first quarter 2008, there was a 5.7% overall decrease in adjusted shareholders’ equity for this report’s group of companies.

* Increased investment impairments and equity-market volatility were the primary drivers of the first quarter, year-over-year net operating income decline of 8% (on average).

* Emerging risks related to commercial mortgages and rising corporate bond default rates create the potential for additional stress on the industry’s capital strength.

* Current investment yields remain challenged despite a significant widening of corporate bond spreads and a corresponding offset in the 10-year Treasury rate.

* Continued equity market volatility and declines in subprime and Alt-A loan values are likely to further stress second quarter results. However, with a few exceptions, life insurers’ overall exposure to subprime and Alt-A mortgages remains moderate and appears manageable. www.bestweek.com

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7. Eastbridge Study Recognizes Voluntary Sales Growth Leaders in the Small Carrier Category

AVON, Conn.--(BUSINESS WIRE)--Voluntary sales have shown consistent growth for the last few years. The rate of growth in 2007 for the industry was just under seven percent, and total new voluntary sales exceeded $5 billion ($5.038 billion). Twenty companies had growth rates that exceed the average. Each year, Eastbridge Consulting recognizes the companies that have led the industry in voluntary sales growth.

“This year, among small companies, HM Insurance, Texas Life, and Fort Dearborn Life were the fastest growing companies based on voluntary sales,” says Gil Lowerre, president of Eastbridge. Texas Life and Fort Dearborn Life were on the growth leaders list in 2006 also. Earlier this month, Eastbridge announced the winners in the large company group.

Parties interested in participating in next year’s study should email Eastbridge at info@eastbridge.com. All participants receive a free copy of the complete findings, including company-specific results.

Eastbridge Consulting Group, Inc. is a marketing advisory firm serving insurance and financial services organizations in the United States and Canada. Contacts: Eastbridge Consulting, Jennifer Davis, 860-676-9633

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8. DTCC Reduces Payment Risk in OTC Credit Derivatives Market

Central Settlement Service Achieves 95% Average Netting Factor for Payments

NEW YORK & LONDON--(BUSINESS WIRE)--The Depository Trust & Clearing Corporation (DTCC) today announced significant strides in reducing risk in the over-the-counter (OTC) credit derivatives market by successfully executing payment netting for the industry. Over the past three quarterly payment cycles, DTCC has reduced 1.62 million gross payments valued at US$72.5 billion (£36.5 billion) gross to 823 net payments valued at US$3.5 billion (£1.8 billion), achieving an average 95% netting factor.

DTCC’s central settlement service, launched in late 2007 and provided in collaboration with CLS Bank International (“CLS Bank”), addresses one of the major concerns outlined by the Federal Reserve Bank of New York as well as U.S. Treasury Secretary Henry M. Paulson, Jr.—the need for further enhancements to the post-trade processing infrastructure for OTC derivatives to reduce operational risks in this market. “To support long-term growth, the processing infrastructure must be capable of processing transactions efficiently through periods of sustained high volume and market volatility,” the New York Fed said in a statement issued in March 2008. Among the commitments industry participants have made to enhance this infrastructure, the New York Fed noted, is the implementation of centralized settlement. www.dtcc.com  www.cls-group.com

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9. Citigroup CFO Says 2-3 Years Before Better Returns: Report

NEW YORK (Reuters) - Citigroup Inc (C.N: ) Chief Financial Officer Gary Crittenden said it could be two to three years before returns at the largest U.S. bank by assets improve significantly, The New York Times said on Tuesday.

"This isn't like a sprint," Crittenden said, according to the newspaper. "This really is a marathon."

Citigroup did not immediately return a call seeking comment.

Analysts on average expect Citigroup on Friday to post a second-quarter loss of 60 cents per share, according to Reuters Estimates.

Such a loss would equal more than $3 billion, and be on top of close to $15 billion of losses in the prior two quarters.

Chief Executive Vikram Pandit is trying to improve operations. Since mid-2007, the bank has suffered more than $46 billion of write-downs and credit losses.

These losses have been tied to such matters as subprime mortgages, complex debt, consumer credit and exposure to bond insurers. Citigroup has also raised more than $40 billion of capital over that time.

(Reporting by Jonathan Stempel; Editing by Maureen Bavdek)

© Thomson Reuters 2008 All rights reserved

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10. Economic Crisis Called Worst Since 70s

By Daniel Trotta and Jennifer Ablan

NEW YORK (Reuters) - For many Americans this feels like the worst economic crisis in their lifetimes, and some leading investors are starting to say they may be right.

The bursting of the dot-com bubble in 2000 and 2001 seems tame by comparison, and the savings and loan crisis of the late 1980s and early 1990s almost forgettable. Similarly, the global impact looks to be greater than that of the Asian financial crisis of 1997 and 1998.

Most comparisons turn to the low growth, high inflation, weak dollar and soaring energy prices of the 1970s, but this time with a housing crisis and spiking commodities prices thrown in, all threatening a prolonged recession.

"It is the most serious financial crisis of our lifetime," said billionaire investor George Soros, noting a growing effect on the U.S. economy as a whole, rather than just financial markets. "It is an idle dream to think that you could have this kind of crisis without the real economy being affected.

"We are facing a recession and it is slow in coming but the slower it comes, the more powerful it is," Soros told Reuters.

The rapid erosion in confidence in Freddie Mac (FRE.N: ) and Fannie Mae (FNM.N: ) underscores the toxic nature of the problems facing the U.S. financial system. The publicly traded, government-sponsored enterprises (GSE) own or guarantee $5 trillion of debt, close to half the value of all U.S. mortgages.

With 8,000 to 9,000 American homes entering foreclosure every day, stock in Fannie and Freddie lost nearly half their value last week, leading the U.S. Treasury to open its discount window to the two firms to ease fears over their capitalization.

This comes as U.S. stock indexes have fallen by more than 20 percent from their peaks in October, while the pan-European FTSEurofirst 300 is down 30 percent, the Shanghai Composite has dropped 45 percent since the year began and Japan's Nikkei 225 is also significantly lower.

Experts who lived through the stagflation of the 1970s -- a mixture of stagnated growth with inflation -- say it may be worse this time because there are no safe havens in global markets.

Foreign central banks, mostly in Asia, hold almost $1 trillion of the bonds and mortgage-backed bonds sold by Fannie Mae and Freddie Mac.

One investor who lived through the early 1970s noted that in those days an equities investor could take refuge in the money markets.

"Now you're a stone loser in the money market fund whether it's before tax, after tax, or after inflation," said Cummins Catherwood, managing director of the broker-dealer Boenning & Scattergood.

Dan Fuss, 74, vice chairman of Boston-based Loomis Sayles, which oversees more than $100 billion in fixed-income securities, said the current situation is "eerily reminiscent" of the markets in 1974.

Economist Jeffrey Sachs, who advised Eastern European governments after the fall of communism, also compared it to the early 1970s, which he said noted led to years of slow growth and economic difficulty.

"The '70s were pretty bad," Sachs said. "There were serious dislocations in the world economy. It was very tough and I hope we don't go through that again."

But one person's crisis is another's buying opportunity.

While financials and companies sensitive to fuel prices are getting hammered, many industries are attractive long-term holdings, said investment manager Don Hodges of Hodges Capital Management, who has been active in the market since 1960.

"I think ultimately the consumer comes to the rescue," he said. "A lot of them that say they are hurting have a TV in every room and a couple of SUVs. It's not like they're on poverty street."

Inevitably, comparisons will be made with the Great Depression, a worldwide economic downturn that lasted for most of the 1930s, until World War II.

For George Schwartz of investment adviser Schwartz Investment Counsel, the current situation is the worst he's seen in 40 years of managing investments.

"I can't tell you first-hand how it was during the Depression but people have been saying to me for months now, 'Gee, it has to get better, it can't get any worse than this.' And I keep saying I don't see why it can't."

(Reporting by Daniel Trotta and Jennifer Ablan; Editing by Eddie Evans)

© Thomson Reuters 2008 All rights reserved

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11. U.S. overseer says IndyMac "safe and sound"

By Gina Keating

PASADENA, California (Reuters) - Three days into its receivership, the former IndyMac Bank is "as safe and as sound as any bank in the country right now," John Bovenzi, the U.S. banking official running the failed bank, said on Monday, while conceding that he expects more bank failures.

Bovenzi, who oversees bank receiverships for the Federal Deposit Insurance Corp, was not surprised to see hundreds of customers waiting outside the bank's Pasadena, California, headquarters Monday morning to withdraw their money, but predicted the anxiety would quickly abate.

"I think what people will see when they go in and get their money is that it's safe," Bovenzi said in an interview outside the newly renamed IndyMac Federal Bank. "There will be some lines until people see that."

But consumers should expect to see more bank failures as defaulted mortgage loans shake out of the system, and should take steps to protect their money, he said.

"There will be more bank failures," Bovenzi said. "I don't expect it to be a large number. I don't expect there will be large bank failures. There will be small bank failures."

An unusually low number of bank failures in recent years may have lulled consumers into forgetting about FDIC coverage limits that generally protect up to $100,000 per account holder, he said. Higher deposit insurance limits apply to some accounts.

Following the failure of a small Utah bank in June 2004, the banking industry suffered no failures until February 2007, according to FDIC data. Only three banks failed last year, and IndyMac is the fifth to fail in 2008, the FDIC said.

The FDIC was returning up to 50 percent of funds over the $100,000 limit to some depositors Monday, he said.

FDIC froze the remainder of those funds and handed out receivership certificates to account holders Monday until claims experts determine how much of that money is insured.

The certificates entitle IndyMac depositors to receive more of their frozen funds as the FDIC sells off the bank's assets.

They will likely have to wait at least several months, if not years, as the FDIC resolves IndyMac's fate.

"We'd like to see if we can sell the institution as a whole to one healthy bank," Bovenzi said.

If such a buyer cannot be found, the FDIC would sell off assets piecemeal, including its Financial Freedom reverse mortgage business, 33 branches and loan portfolio, he said.

"Companies like Financial Freedom have a great deal of value so there will be a market for those assets," he said.

Former IndyMac Chief Executive Michael Perry will not participate in the sale of the bank.

"We didn't ask him to have a position with the new bank ... which is fairly typical," Bovenzi said.

FDIC had not approached any potential buyers or received any feelers from suitors as of Monday because "we haven't focused on it yet," Bovenzi said.

Nor have federal overseers determined whether IndyMac's parent, IndyMac Bancorp Inc, should seek Chapter 11 bankruptcy protection, he said.

"Our focus over the weekend was on transferring all assets to the new bank" to ensure that customers would have access to their insured funds when the bank reopened Monday, he said.

FDIC didn't bother to change signage on the IndyMac building in central Pasadena or at branches because it does not expect to own the bank "for more than a few months," he said.

(Reporting by Gina Keating; editing by Jeffrey Benkoe)

© Thomson Reuters 2008 All rights reserved

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13. Wachovia Credit Default Swaps Widen 75 Basis Points

NEW YORK, July 15 (Reuters) - Debt protection costs for Wachovia Corp (WB.N: ) rose on Tuesday after Wall Street analyst Meredith Whitney downgraded the stock to "underperform."

The cost to protect bonds of Wachovia, the fourth-largest U.S. bank, with credit default swaps for five years rose to 375 basis points, or $375,000 a year to protect $10 million of debt, from 300 basis points on Monday, according to Phoenix Partners Group.

© Thomson Reuters 2008 All rights reserved

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14. Insurance Commissioner Failing to Enforce Against Discrimination

Monday was the deadline for all auto insurance companies to comply with regulations that phase out discriminatory zip code pricing in California. According to the Greenlining Institute, a consumer protection group, most auto insurers have failed to meet this deadline.

The latest Department of Insurance reports indicate that over 75 percent of California’s auto insurers have not complied with the new regulations. Moreover, all of Californian’s top ten auto insurance groups by market share and 23 of the top 25 have not complied. These companies make up over 90 percent of the California auto insurance market and are likely continuing to determine rates using a discriminatory method through the use of zip codes.

California Insurance Commissioner Steve Poizner had roughly two years to enforce the regulations and remove what Greenlining believes is a discriminatory tool against inner-city motorists. Greenlining attorney, Kenechukwu Okocha said, “Basing premiums on where you drive instead of how your drive means motorists in places like Los Angeles and San Jose, rich or poor, pay more simply based on where they live. That just isn’t fair.”

Okocha expects more auto insurance companies will comply after the deadline, but expects compliance to be slow. “You have to wonder how long it will take to get all insurers to comply if after two years only two of the top 25 have done so,” said Okocha.

Greenlining criticized California Insurance Commissioner Steve Poizner for not being more aggressive in enforcing the regulations. “My question is, what has Commissioner Poizner been doing since he was elected in 2006?” questioned Okocha. “He calls himself the state’s top consumer advocate, but 75 percent of all auto insurers are ignoring him.”

The regulations were enacted in 2006 by former Insurance Commissioner John Garamendi before he left that office to become Lieutenant Governor. The regulations were intended to enact the rate determining requirements of Proposition 103, which was approved by California voters in 1988.

Proposition 103 directed insurance companies to use three primary rate determining factors: 1) driving safety record, 2) annual mileage driven, and 3) years of driving experience.

In 1996, then Insurance Commissioner Chuck Quackenbush enacted regulations that would have allowed zip codes to take precedence over the three aforementioned factors. The courts struck down Quackenbush’s regulations finding that they invalidated Proposition 103’s aims.

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15. Today is Deadline for New Auto Insurance Pricing System Based on Driving Record Not ZIP Code

SANTA MONICA, Calif., July 14, 2008 - PRNewswire -- 20 Years After Vote, Insurers Must Show They are Complying With Prop 103 Rules

Today is the deadline for every auto insurer in the state to submit new plans to the Insurance Commissioner detailing a new rate setting system that complies with the rules of the landmark 1988 insurance reform initiative Proposition 103. Auto insurance companies in California must now set customers' premiums primarily on driving record and the number of miles driven annually and significantly limit the impact of ZIP Code on rates.

"If you have a good driving record, you shouldn't be forced to pay hundreds and even thousands of dollars more for auto insurance just because of your ZIP Code, and finally you won't have to," said Harvey Rosenfield, the author of Proposition 103. "For 20 years, the insurance industry stymied the will of the voters who passed Prop 103, but today the insurance companies' defiance comes to an end and Californians will be charged according to how well and how much they drive, not where they live."

Under the terms of Proposition 103, and regulations issued by the Insurance Commissioner in 2006, each auto insurance company must submit a special application to the Department of Insurance showing that it is complying with the new rules. In August of 2006, companies were given two years to phase in the new safety record-based system. A few companies have already completed the changeover, but the vast majority of insurers have not fully converted. The new compliance filings will be reviewed by the Department of Insurance -- and Consumer Watchdog's lawyers. They are expected to take effect in the early autumn.

http://www.consumerwatchdog.org

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16. Clients Receive More ‘Than Just the Sale’ of Insurance, Says Agency Exec to Buffalo Compensation Hearing

Former Buffalo-area insurance trade group president rejects contingent commission conflict of interest theory before a joint hearing

(DeWitt, New York, July 14, 2008) — Commitment to customer service and providing clients with “our professional expertise” is the driving force of Buffalo-area independent agencies and brokerages, rather than a potential, end-of-year commission, said David M. Gelia. The past president of the Independent Insurance Agents Association of Western New York, Inc., testified in Buffalo July 14 before a joint public hearing conducted by the New York State Insurance Department and New York State Office of the Attorney General.

The hearing—one of three to be held throughout the state—offered interested parties the opportunity to weigh in on a NYSID concern that contingent commissions—sometimes referred to as profit sharing—create an “irreconcilable conflict of interest.” Also in question is disclosure to the client of this compensation.

Many insurance companies pay a contingent compensation at year’s end, based on an overall performance involving growth, loss ratios and profitability. These factors do not reflect specific policies. When writing an individual policy, Gelia pointed out that it is unknown at that time whether the agent or broker will “be eligible to receive additional or supplemental compensation for placing that account.”

“As a Trusted Choice® independent insurance agency, my firm provides much more...than just the sale of the insurance policy,” said Gelia. “We are committed to providing customer service designed to help meet our clients’ needs and to provide our professional expertise.” Gelia is also executive vice president of the Amherst, New York-based United Insurance Agency, Inc. as well as secretary-treasurer of the Independent Insurance Agents & Brokers of New York, Inc.

When asked if he would place business with a carrier that paid profit sharing but whose claims paying practices were poor, Gelia responded, “We won't even quote those companies.”

Gelia’s testimony pointed out that organizations such as IIAAWNY, IIABNY, the Independent Insurance Agents & Brokers of America and others believe in a long-standing agents and brokers’ position that profit sharing is a legitimate method of compensation. Also, according to Gelia, disclosure of contingent commission should be voluntarily disclosed “when asked by a customer.”

Liberty Mutual Insurance Company was victorious in a recent New York State Supreme Court, Appellate Division, First Department decision that determined “contingent commission agreements between brokers and insurers are not illegal.” The decision further explained that Liberty Mutual “had no duty to disclose the existence of the contingent commission agreement.”

To view his submitted testimony in PDF form, go to http://ny.iiaa.org/externalcommunications/071408_Buffalo_Gelia.pdf.

Tim Dodge, IIABNY’s director of research and external communications, updated his “Ask Tim” blog while in attendance at the hearing via a laptop and internet connection. Dodge’s comments are available at http://insurancegeek.typepad.com/  

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17. InsMark Launches a Spanish Language Life Insurance Illustration System

San Ramon, CA ---- InsMark, Inc., the nation's largest developer/publisher of Supplemental Illustrations for the life insurance industry continues its tradition of providing marketing tools for its user base by launching Version 4.0 of its Life Plan System with illustration output in either English or Spanish.

Bob Ritter, CEO of InsMark, is quoted as saying, “The three key ingredients of modern cash value life insurance are death benefit, cash accumulation, and retirement cash flow through policy withdrawals and/or loans. Life Plan is designed for easy explanation of these three features -- in just two pages. We added the option for output in Spanish due to the tremendous growth of the U.S. Hispanic population which, according to the Census Bureau, is 45.5 million and growing. A significant segment of this group prefers to transact financial business in Spanish, and Life Plan 4.0 addresses this issue. We will be converting more of our illustration modules to Spanish output in the future.”

Please visit http://www.insmark.com/ProductCenter/LifePlan/output.html to review examples of Life Plan in English or Spanish.

Life Plan can be illustrated with Universal Life, Equity-Indexed Universal Life, Variable Universal Life, and Whole Life.

For licensing information about Life Plan or other InsMark products, individual producers should contact an InsMark Account Executive at 1-888-InsMark (467-6275). Institutional inquiries should be made to David Grant, Sr. V.P. - Sales at 1-925-543-0513 (dag@insmark.com).

For detailed information about InsMark’s entire product line, please visit http://insmark.com/ProductCenter/index.html.

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18. U.S. Firms Rely On Worldwide U.S. D&O Policies To Provide Global Coverage, According To Towers Perrin Survey

Survey Also Finds Independent Director Liability Coverage Gains Interest and Overall D&O Insurance Market Remains Soft

STAMFORD, CT, June 16, 2008 - Only 3% of survey participants with international operations have purchased separate Directors and Officers (D&O) liability insurance policies for other individual countries, according to the 2007 Survey on Insurance Purchasing and Claims Trends conducted by Towers Perrin. Forty-three percent of all survey participants indicated that their firms are global.

Global D&O coverage has become one of the most recent emerging D&O issues as a result of increased claim activity outside the U.S. and changing corporate laws in many countries that now permit derivative and shareholder lawsuits. In addition, legal changes have expanded the responsibilities of directors.

"Many countries do not permit non-admitted D&O insurance policies to cover local directors and officers," said Michael Turk, senior consultant. "In these countries the non-admitted worldwide U.S. D&O policy is not permitted to pay claims, regardless of the policy language."

As a result, the worldwide U.S. D&O policy does not provide the global protection that many insureds may believe they have with their D&O policy. There are many other complications as well, such as the need to allocate insurance premiums in some countries and pay local premium taxes.

"We are not surprised by the low percentage of survey participants who have purchased local D&O policies," said Mr. Turk. "Many companies are not yet aware of this emerging issue. And those that are aware are struggling to determine the best approach to address this for their organization. This can be a complicated decision. A company needs to consider their own unique situation in each country and its local laws to determine how they want to structure their D&O insurance program to cover its global risks. This is, however, an issue that must be actively addressed by organizations with global operations. I believe this issue is only going to get bigger - it is not going to go away."  

Towers Perrin provides D&O liability and insurance program reviews for organizations seeking an independent review of its risks and coverage. In addition, Towers Perrin places with insurers D&O and other insurance coverage for our consulting clients. Contact Michael Turk at 203-351-5193 or via e-mail at michael.f.turk@towersperrin.com for more information. www.towersperrin.com

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19. Millions Believe Personal Medical Information Has Been Lost or Stolen

Issue a Roadblock to Acceptance of Electronic Health Record Systems

ROCHESTER, N.Y., Jul 15, 2008 (BUSINESS WIRE) -- According to The Harris Poll(R), four percent or an estimated nine million American adults believe that they or a family member have had confidential personal medical information either lost or stolen. Results of the poll of 2,454 adults surveyed online between June 9 and 16, 2008 by Harris Interactive(R), which was designed in collaboration with Dr. Alan F. Westin, Professor of Public Law and Government Emeritus at Columbia University, include:

-- Among those who have heard about medical records being lost or stolen, seven percent believe that either they (or a family member) may have had their personal medical records lost or stolen. This represents about four percent of all adults and translates into approximately nine million people(1);

-- About seven in ten (69%) of adults have either read or heard about medical records with personal health information being lost or stolen from doctor's offices, clinics, hospitals, health insurers, employers or government agencies. The remaining 31 percent have not read or heard about this issue. For over two-thirds of the general public to recall hearing about medical data breaches is a very high topic awareness figure;

-- When asked which medical records - computerized or paper - they believe may be lost or stolen most often, just under half (47%) think it is computerized records. About one in six (16%) think that paper records may be lost or stolen most often. Another quarter (23%) think that both computerized and paper records may be lost or stolen about equally;

-- Among those who have either heard about medical information being lost or stolen or have had the information lost, the percentage of those who think computerized records are lost most often increase to 51 percent and 54 percent.  

So What?

In the past few years a number of health care facilities, employers, government agencies or other organizations have acknowledged that confidential personal medical information was stolen or lost. Recent examples of these "medical breaches" include the University of Miami, WellPoint, The National Institutes on Health, the Cleveland Clinic, CVS, J&J Home Health and Baptist Health. Further, the Identity Theft Resource Center (http://www.idtheftcenter.org/index.html) reported over 50 breaches from health care providers in the first six months of 2008.

Ultimately, while the responses in this poll may not represent actual breaches of medical information, there are a significant number of Americans who believe their personal medical information has been compromised by organizations holding it.

According to Dr. Westin, "For this Harris Poll we were trying to measure perceptions among the public of having suffered a loss or theft of medical records or health information from health-information holders. This is whether or not any outright medical identity theft (use of stolen medical data to obtain valuable medical services) took place. The harms involved in loss or theft of medical records involve not just worries about medical identity theft but also feelings of personal violation and fears of potential misuse or publication of sensitive medical information."  

Copyright Business Wire 2008

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20. INSURANCE NEWSCAST "Pictures Of The Day"

A view of the interior of the Burj Al Arab hotel in Dubai, July 14, 2008. REUTERS/Jumanah El Heloueh
Bernanke: Financial markets under heavy stress. Chairman of the Federal Reserve Ben Bernanke walks to present his Monetary Policy Report before the U.S. Senate Banking Committee on Capitol Hill in Washington, July 15, 2008. REUTERS/Larry Downing
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Sydney transformed by young Catholic pilgrims. A night time projection of an image of Pope Benedict XVI illuminates one of the southern pylons of the Sydney Harbour Bridge July 14, 2008. The Pope arrived in Sydney on Sunday ahead of World Youth Day which begins Tuesday. REUTERS/Tim Wimborne
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Palestinian President Mahmoud Abbas (L), accompanied by Malta's Foreign Minister Tonio Borg (R), arrives for a meeting with Maltese President Edward Fenech Adami (not pictured) at the Presidential Palace in Valletta July 15, 2008. Abbas arrived in Malta Tuesday for a two-day official visit. REUTERS/Darrin Zammit Lupi (MALTA) MALTA OUT. NO COMMERCIAL OR EDITORIAL SALES IN MALTA
The Eiffel Tower is illuminated during the traditional Bastille Day fireworks display in Paris July 14, 2008. REUTERS/Benoit Tessier (FRANCE)
Brunei's Sultan Hassanal Bolkiah, flanked by Queen Saleha (L) and his second wife Azrinaz, sits on a royal dias during his 62nd birthday celebration at Nurul Iman Palace in Bandar Seri Begawan July 15, 2008. REUTERS/Bazuki Muhammad (BRUNEI)
The bull sarcophagus containing the body of Tjokorda Gde Agung Suyasa, a member of Ubud's royal family, burns during the Pelebon procession, or The Royal Cremation Ceremony, in Ubud, on the Indonesian island of Bali, July 15, 2008. The royal cremation procession passes through Ubud bearing the bodies of Tjokorda Gde Agung Suyasa and Tjokorda Gede Raka. Thousands of Balinese flocked to Ubud for the royal cremation, the biggest in nearly 30 years. REUTERS/Beawiharta (INDONESIA)
Several buildings in the downtown core of Vancouver, British Columbia remain dark after a a power failure earlier in the day July 14, 2008. A fire in electrical switching station left most of the downtown without power throughout the day. REUTERS/Andy Clark (CANADA)
People cool off at a water fountain near the London Eye in London July 14, 2008. REUTERS/Alessia Pierdomenico

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