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Subject: INSURANCE NEWSCAST for Friday, 07/25/08 from www.InsuranceBroadcasting.com


Title: INSURANCE NEWSCAST

Friday
07/25/08

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The best way to insure volunteers of nonprofit organizations is also the easiest.

There’s one more good reason, too –
new revenue for your firm!

That’s why more than 100 agents, brokers and program administrators are participating in our Volunteers Insurance Service (VIS®) program. When you enroll the volunteers of your nonprofit customers through our easy-to-use Website, www.cimaworld.com/agent,   you not only provide your customers an excellent solution to protecting their volunteers, you also earn new revenue. We pay you 12% commission on new business that you write with us, and on the renewal of that business.   Once we receive the initial application, we handle all of the administration.  

VIS® at a glance – For over 40 years, we have been offering protection for the volunteer workers of nonprofit organizations. The following coverages are available, separately or in any combination: 

  • Accident medical reimbursement -- $25,000 limit, $3.75 per volunteer per year;

  • Volunteer liability -- $1,000,000 limit, $1.72 per volunteer per year

  • Excess auto liability -- $500,000 limit, $6.04 per volunteer per year  

More than 2.5 million volunteers – working for more than 5,000 nonprofit organizations -- are insured with VIS®. Policy premiums range from a few hundred dollars to as much as $20,000 for the larger nonprofits.  

Why our program can be the best way to cover volunteers -- Insuring volunteers through VIS® is a better solution in most cases than including them on the organization’s own general liability policy, for three reasons: 

  • Our program includes coverage for the volunteers’ travel between home and their place of work;

  • It includes coverage for claims made by one volunteer against another;

  • By insuring volunteers separately, the organization reduces the risk of sharing its own limits of insurance with its volunteers. 

VIS® also can be a better alternative than including volunteers on a workers’ compensation policy, because:

  • Volunteers are covered while traveling to and from their volunteer activities, not just while volunteering.

  •  If they are injured it won’t affect the organization’s claims experience. 

As far as automobile liability is concerned, the organization’s own policy usually does not provide protection for volunteers using their own vehicles. Our policy provides excess automobile liability coverage over and above the volunteers’ personal automobile coverage.  Our excess automobile liability policy can be critical, if a volunteer is involved in a serious accident.  

Not only the best way, but also the easiest way, to cover volunteers --

All you need to do is go to www.cimaworld.com/agent. (This is part of the Website of The CIMA Companies, Inc., which administers the VIS® program.) You will see a detailed explanation of the program, and a link to our Producer’s Agreement. The agreement is brief, and once you click on “I Agree” on that page, we have an agreement. At that point, you are ready to complete an online application, which will take you less than five minutes. You can either submit the app online, or print it to mail later.  

If you have questions, please call Vicki Brooks or Joan Wankmiller at 1.800.468.4200 or email them at vbrooks@cimaworld.com, or jwankmiller@cimaworld.com. We hope you’ll be participating with us soon!


Daily Quote:  "The manifesto of the dealmaker is simple; reality is negotiable." - - Timothy Ferriss
 

INSURANCE NEWSCAST HEADLINES

 1) Tokio Marine To Buy Philadelphia Consolidated Holding Corp (PHLY.O) For $4.7 Billion

 2) State Insurance Regulators Levy $20 Million Fine Against Healthmarkets

 3) Insurance Commissioner Poizner Announces Recovery Of $56.25 Million From Continental Casualty Company Workers’ Compensation Surety Bond For California Insurance Guarantee Association

 4) Great Florida Bank Offers $50 Million in Federal Deposit Insurance Corporation (FDIC) Coverage Through CDARS®

 5) Millions of Americans Face $100,000-Plus Annual Hit for College and Long-Term-Care Combo

 6) Since You Care Guide: Becoming an Effective Advocate for Care Available Free from the Metlife Mature Market Institute

 7) New Eastbridge Report Looks at Voluntary STD products

 8) Allstate Profit Plunges On Catastrophe Losses

 9) New York Insurance Association Testifies At Producer Compensation Hearing

10) IIABNY Chair tells Commission: Don’t Lump Us with Mega-Brokers

11) PIANY's Bailey Testifies At Albany Compensation/Disclosure Hearings

12) Guy Carpenter Publishes Update on Tropical Cyclone Conditions In Western North Pacific

13) H.I.G. Capital Announces Agreement to Acquire PMSI

14) GAO Reports about Financial Management

15) Brownyard Adds Workers’ Comp to Security Guard and Pest Control Programs in California

16) Insurance Commissioner Poizner Deploys Insurance Experts To Aid Fire Survivors At Butte County Assistance Center

17) Insurance Commissioner Poizner Warns Sacramento Drivers To Be Alert For Staged Auto Collisions

18) Dividend Declared for Oregon Participants in the Liberty Northwest Property & Liability Restaurant Program

19) Life of the South Becomes Fortegra Financial Corporation

20) INSURANCE NEWSCAST "Pictures Of The Day"

Note: All Links Below Open A New Window:

21) The American College To Award Its Highest Honor, The Huebner Gold Medal, To Reginald N. Rabjohns, CLU®, ChFC® And Frederick J. Sievert

22) For Financial Services Professionals Under Pressure: A "Suite Offer" from The Gallagher Group  (Gg)

23) Advanced Settlements, Inc. Can Now Sell Convertible Term Policies on Clients Over the Age of 56


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1. Tokio Marine To Buy Philadelphia Consolidated Holding Corp (PHLY.O) For $4.7 Billion

By David Dolan

TOKYO (Reuters) - Tokio Marine Holdings Inc (8766.T) will buy property and casualty insurer Philadelphia Consolidated Holding Corp (PHLY.O) for about $4.7 billion, in the largest acquisition by a Japanese financial firm in the United States.

Japan's largest property and casualty insurer said it would pay $61.5 in cash for each share of Philadelphia Consolidated, a 73 percent premium to Tuesday's closing price of $35.55.

Saddled with sluggish growth at home and unburdened by subprime investments, many cash-rich Japanese firms are once again hunting for opportunities abroad.

Fox-Pitt Kelton Cochran Caronia Waller was the financial adviser to Tokio Marine, while Merrill Lynch (MER.N) assisted Philadelphia Consolidated.

(Reporting by David Dolan, Yumiko Nishitani, Nathan Layne and Elaine Lies; Editing by Hugh Lawson/Rory Channing)

© Thomson Reuters 2008 All rights reserved

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2. State Insurance Regulators Levy $20 Million Fine Against HealthMarkets

KANSAS CITY, Mo. (July 24, 2008) — State insurance regulators, working together through the National Association of Insurance Commissioners (NAIC), today announced the details of a $20 million regulatory settlement agreement between 29 jurisdictions and HealthMarkets, Inc., and its affiliated companies, MEGA Life and Health Insurance Company, Mid-West National Life Insurance Company and Chesapeake Life Insurance Company.

The regulatory settlement follows a three-year multi-state exam that found multiple problems involving consumer disclosure, oversight and training of agents, claims handling and complaint-handling practices. HealthMarkets faces up to $10 million in additional penalties if it fails to meet performance standards outlined in the settlement.

The multi-state examination was initiated by Washington State Insurance Commissioner Mike Kreidler and Alaska Insurance Director Linda Hall in 2005 and coordinated through the NAIC’s Market Analysis Working Group.

“This is a good multi-state settlement that addresses some serious violations of our consumer protection laws,” said Montana State Auditor John Morrison, who chairs the NAIC Market Regulation and Consumer Affairs Committee. “By coordinating our efforts through the NAIC, we are better able to expedite a collective regulatory response that protects consumers on a nationwide basis.”

According to the terms of the settlement, the companies must implement an outreach program that includes the following:

Sending a notice to all policyholders with policies issued prior to Aug. 1, 2005, that includes a toll-free number, mailing address and e-mail address where policyholders can ask questions about their coverage. The notice also must include a Web site address for each company.
Ensuring each method of communication is staffed by someone able to provide detailed information about the policyholder’s specific plan.

Establishing a Web site with a “frequently asked questions” section, general coverage descriptions, a listing of contact information and information on how to appeal a claim or file a grievance.
In addition, the companies must report progress twice a year through Dec. 31, 2009, on performance standards targeted for improvement. Led by Washington, the other states involved in overseeing the insurer’s ongoing activities are Alaska, California and Texas.

There are 13 areas in need of improvement, including:

Agent training and oversight
Claims handling
Identification of company
Transparency of the companies’ relationship with associations
Complaints and grievances
Cancellation, nonrenewal and discontinuance notices
Establishing and maintaining a compliance program

The multi-state examination was initiated as a collaborative action under a single umbrella through the NAIC because the companies were the targets of separate investigations and consumer lawsuits in several individual states. Although violations were documented and fines levied in individual state exams, the companies’ actions and complaint histories had not significantly improved at the time the multi-state examination was initiated.

The examination covers a five-year period ending Dec. 31, 2005, and stemmed from the volume, scope and nature of complaints made against the companies by consumers in many states.

According to the findings, the companies targeted their sales to self-employed individuals and sold the health plans through associations. MEGA agents sold policies through the National Association for the Self-Employed (NASE), and Americans for Financial Security (AFS). Mid-West agents sold plans through the Alliance for Affordable Services (AAS). In many instances, the agent or the company did not adequately explain the benefits covered by the health plan.

The $20 million penalty will be divided among the participating jurisdictions based on the companies’ premium volume.

To date, jurisdictions that have adopted the settlement agreement include: Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Hawaii, Idaho, Indiana, Kansas, Louisiana, Minnesota, Montana, North Carolina, Nebraska, New Jersey, Oklahoma, South Carolina, South Dakota, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming. Additional states may join the settlement before an Aug. 18, 2008, deadline.

Click HERE for a copy of the regulatory settlement agreement.

Click HERE for a copy of the market conduct examination report.

www.naic.org
 

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3. Insurance Commissioner Poizner Announces Recovery Of $56.25 Million From Continental Casualty Company Workers’ Compensation Surety Bond For California Insurance Guarantee Association

SACRAMENTO – Insurance Commissioner Poizner today announced the California Insurance Guarantee Association (CIGA) has been reimbursed nearly $56 million by Continental Casualty Company for payments previously made to injured workers.

“I’m happy to announce that more than $50 million has been recovered for CIGA,” said Commissioner Poizner. “This is an example of how the system is supposed to protect policyholders when insurance companies fail. I want to thank our legal team for its hard work on the case and saving ratepayers a potential additional assessment.”

The California Insurance Guarantee Association was created to pay the claims of insolvent property and casualty insurance carriers that are licensed to do business in the state of California. After Superior National Insurance Company (SNIC) failed, CIGA stepped in and paid more than $500 million in workers’ compensation claims. SNIC had purchased a $50 million surety bond from Continental Casualty Company (CCC) guaranteeing the obligations of SNIC.  CCC balked at paying the amount owed. After several years of litigation, the case was successfully settled with Continental paying the sum of $56.25 million. After deducting litigation related expenses, the California Insurance Guarantee Association received nearly $56 million for payments previously made to injured workers. 

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4. Great Florida Bank Offers $50 Million in Federal Deposit Insurance Corporation (FDIC) Coverage Through CDARS®

CORAL GABLES, Fla.--(BUSINESS WIRE)--Great Florida Bank (NASDAQ:GFLB) announced today that customers can now access up to $50 million in FDIC insurance coverage at Great Florida Bank. This additional coverage is available as a benefit through CDARS®, the Certificate of Deposit Account Registry Service. With CDARS®, Great Florida Bank can provide a customer with the smartest, most secure and convenient way to invest in large dollar FDIC-insured certificates of deposit.

“With the ups and downs of the economy and the stock market, CDARS® is an ideal investment option for customers looking to invest large dollar amounts in FDIC insured CDs with a competitive return,” stated Gary Laurash, Great Florida Bank’s Chief Financial Officer and Treasurer. “FDIC insurance offers our depositors great protection. Since the FDIC was created in 1933, not one person has lost a single dollar in an FDIC-insured account.” Laurash continued, “Through CDARS®, depositors are protected for up to $50 million. Everyone can benefit from this additional coverage -- retirees, business owners and professionals, townships and municipalities, nonprofit organizations, those planning for retirement and really anyone who wants a safe, secure and FDIC-insured investment. If you have ever heard the saying ‘As safe as money in the bank,’ you know how valuable FDIC insurance coverage is. At Great Florida Bank, we are delighted to offer you many times the coverage that most other banks can,” said Laurash.

CDARS® is a deposit placement service. Deposits placed through the CDARS® service meet the pass-through insurance coverage guidelines established through the FDIC. To offer CDARS®, Great Florida Bank belongs to a special financial network called the Promontory Interfinancial Network, LLC. When a customer places a large deposit with Great Florida Bank, the Bank arranges for the placement¹ of funds into CDs issued by other network member banks -- in increments of less than $100,000 to ensure that both principal and interest are eligible for full FDIC insurance coverage. Customers benefit from the ease of working with only Great Florida Bank, and receiving only one account statement.

For more information, please call 866-514-6900, or visit one of our 28 Solution Centers. Visit www.greatfloridabank.com to find a location near you.

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5. Millions of Americans Face $100,000-Plus Annual Hit for College and Long-Term-Care Combo

LTC Insurance Offers Relief

KIRKLAND, Wash., July 24 /PRNewswire/ -- Millions of American couples may be in for sticker shock when their kids reach college age. It's not just the rising annual cost of college, $23,712 for 2007-08, up 6.2% from last year, for a private four-year institution, according to the College Board. It's also the escalating cost of long term care for their parents, their other set of potential dependents. Add today's average annual cost of nursing-home care -- $77,000, according to the MetLife Mature Market Institute -- to the college bill and you get a whopping $100,000-plus!

The current cost of public four-year college is $6,185, according to the College Board. That brings the college-LTC combo to "only" $83,000, but the sticker shock is still huge, especially for families trying to scrimp on college. "Long term care is by far the heavier burden," says Jonas Roeser, Senior Vice President of Marketing & Operations of LTC Financial Partners LLC (LTCFP), one of the nation's most experienced long term care insurance agencies.

"Most couples, and their financial advisors, fail to confront this huge potential problem," says Roeser. "They anticipate the college bill, but fail to think about the even bigger bill for long term care." That oversight could rock the financial foundation of many households, he believes.

Information on long term care options, including alternative carriers, is available from Roeser's organization. "We have 530-plus long term care specialists, licensed in all states, ready to answer questions and give specific policy advice," he says. The experts may be found at http://www.ltcfp.com or 866-471-4072. Roeser's experts also work with couples' financial advisors to include LTC protection in estate plans.

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6. Since You Care Guide: Becoming an Effective Advocate for Care Available Free from the Metlife Mature Market Institute

WESTPORT, Conn.--(BUSINESS WIRE)--The MetLife Mature Market Institute® has advice for caregivers about acting on behalf of a loved one with regard to health care matters. The recently updated guide, Becoming an Effective Advocate for Care, from the Institute’s series of Since You Care guides, is available free to the public.

The 20-page booklet has practical advice for those who represent a loved one and a list of print and online resources with physicians and other health care professionals, insurance companies, hospitals, nursing homes and home health care agencies.

“With the many advances in medical care, people with significant health problems and disabilities can extend their lives for many more years. Family members will therefore be called upon more and more to advocate for their loved ones – a task that can be stressful and challenging for almost everyone,” said Sandra Timmermann, Ed.D., director of the MetLife Mature Market Institute. “This publication will be useful in answering questions and providing information on meaningful steps families can take to effectively communicate their loved one’s needs and make sure they receive appropriate medical attention and quality care.”

The guide includes advice for: talking with physicians and insurance company personnel, working with hospital staff and hospital discharge planners, advocating when a family member is dealing with a terminal illness or receiving care at home, in a nursing home or assisted living facility. It also contains two record-keeping tools on which to enter a care recipient’s health care, insurance and personal information. One tool lists information that is pertinent to those providing direct care services, e.g. home health aides. The other has data to be shared with health care providers, such as emergency personnel, hospitals and new doctors a care recipient may be seeing.

For a free copy of the Since You Care guide: Becoming an Effective Advocate for Care, call (203) 221-6580, e-mail: MatureMarketInstitute@metlife.com, or download the guide from www.maturemarketinstitute.com, by searching under “All Publications” and selecting “Since You Care guides” from the drop down menu. You may also write to request a copy from the MetLife Mature Market Institute, 57 Greens Farms Road, Westport, CT 06880.

For more information about the MetLife Mature Market Institute, visit: www.maturemarketinstitute.com.

Editor’s note: The Since You Care guide: Becoming an Effective Advocate for Care is available at: http://www.maturemarketinstitute.com/; search under “All Publications” and select “Since You Care guides” from the drop-down menu.

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7. New Eastbridge Report Looks at Voluntary STD products

AVON, Conn.--(BUSINESS WIRE)--Voluntary disability has always been an important part of worksite sales. In fact, in 2007, voluntary short-term disability accounted for the largest percentage of any single product sold on a voluntary basis. VSTD sales totaled an estimated $820 million in 2007.

But strong sales also mean strong competition! Carriers who are serious about this market must have up-to-date product features, competitive pricing and underwriting, and some type of “differentiator” that makes their product stand out from others in the market.

The objective of the 2008 Voluntary Short-Term Disability Plans Spotlight Report is to help carriers stay current on the ever-changing voluntary STD market. With this data, carriers can compare their company’s product features and benefits, underwriting guidelines, and administrative practices against those of other carriers in the marketplace.

The report is divided into three sections. The first section provides an overview of the report’s structure, along with key findings and recommendations. The second section (Carrier Marketing and Results) provides general information on each carrier’s results, competitors, persistency, penetration, competitive challenges, etc. The third section (Product Details by Carrier) takes a close look at the practices of 24 voluntary short-term disability providers, including:

* Product structure

* Underwriting parameters

* Costs

* Distribution and commissions

[Note: In order to protect the confidentiality of the carriers profiled, all data is reported anonymously by assigning each carrier a random number.]

The report is now available for purchase for $4,000. More information about the report, including the table of contents, is available on the Eastbridge website (www.eastbridge.com). To purchase the report, e-mail us at info@eastbridge.com or phone (860) 676-9633.

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8. Allstate Profit Plunges On Catastrophe Losses

By Lilla Zuill

NEW YORK (Reuters) - Allstate Corp (ALL.N), the largest publicly traded U.S. home insurer, said on Wednesday net income plunged in the second quarter, hit by the highest level of second-quarter catastrophe losses in its 77-year history.

Catastrophe losses for the quarter rose more than 60 percent to $698 million, fueled by unusually high tornado activity, similar to the first quarter, as well as a surge in wind and hail storms, Chief Executive Tom Wilson told Reuters.

After a respite in 2006 and 2007, the United States has been pummeled by natural disasters so far in 2008. Insurance trade group ISO earlier this week said second-quarter catastrophes alone were expected to cost insurers more than $6 billion.

The worst may be yet to come with the third quarter typically the most active period for U.S. catastrophes. Wilson said Allstate had already deployed 3 mobile response units to Texas where the second hurricane of the season, Dolly, came ashore earlier on Wednesday.

Dolly, the second hurricane this year, is stirring concern that the 2008 season could be more active than usual since hurricanes typically form later in the season, which runs through November.

Since January, Allstate shares have fallen roughly 10 percent, compared with a decline of more than 23 percent in the Standard & Poor's insurance index .

(Editing by Mark Porter, Gary Hill)

© Thomson Reuters 2008 All rights reserved

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9. New York Insurance Association Testifies At Producer Compensation Hearing

ALBANY, N.Y.— Ellen Melchionni, CAE, president, New York Insurance Association, Inc. (NYIA) testified at the public hearing conducted by the New York State Insurance Department and the Office of the Attorney General on July 23, 2008 in Albany, N.Y.

The joint hearings were scheduled in Buffalo, Albany and Manhattan to gather information on compensation arrangements for insurance agents and brokers, specifically covering such issues as contingent and supplemental commissions, producer compensation disclosure and deceptive or anti-competitive practices. The Buffalo hearing occurred on July 14, 2008 and the hearing in Manhattan is July 25, 2008.

NYIA provided information on behalf of its property and casualty insurance company members stressing that disclosure of compensation should be voluntary as the marketplace is the best determinant of whether this type of disclosure is valuable and necessary. Two overarching principles are the basis for NYIA’s viewpoint: the substantial effectiveness of New York’s current laws, which provide insurance consumers protection and the proven and numerous benefits of New York’s competitive marketplace.

NYIA’s testimony is available at the following link: http://www.nyia.org/php/members/docs/NYIA%27s_Testimony_Brokers%27_Comp_7-23-08.pdf.

A webcast of the hearings can be viewed at http://www.totalwebcasting.com/live/nysins/.

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10. IIABNY Chair tells Commission: Don’t Lump Us with Mega-Brokers

Neal L. Sullivan Testifies that Past Illegal Activity Should Not Jeopardize Independent Insurance Agents and Brokers

(DeWitt, New York, July 23, 2008) — Neal L. Sullivan, CPA, chair of the Independent Insurance Agents & Brokers of New York, Inc., insisted that past “illegal and dishonest” dealings by former employees of mega brokers should not punish the future of the independent insurance distribution method. Sullivan’s testimony before a joint public hearing explained that mega broker clout helped contribute to former New York Attorney General Eliot Spitzer’s investigation and charges of illegal steering and bid-rigging practices.

The New York State Insurance Department and New York State Office of the Attorney General conducted the Albany hearing on July 23. The hearing addressed allegations that contingent commissions—sometimes referred to as profit sharing—create a conflict of interest for consumers. Also in question is disclosure to the client of this compensation.

The IIABNY Chair pointed out that the market influence of Willis, Aon Corp. and Marsh & McLellan, “the three largest brokers in the world,” allowed for front-end commission arrangements—payments that were available only to the industry’s mega brokers. “We understand that these types of arrangements could lend themselves to so-called steering of business by unethical brokers to insurance companies with the most lucrative compensation arrangements,” said Sullivan. IIABNY, other trade groups and the insurance industry as a whole supported Spitzer’s prosecution of the wrongdoers. In settlements with Spitzer, the three brokerages renounced these practices while a number of insurance companies agreed to end the payment of contingent commissions.

As a result, some of the mega brokers have claimed that contingent commissions create an unfair business advantage. Sullivan found it “difficult to have any sympathy for the situation they now face, nor is it appropriate to paint the entire insurance community with the same brush.”

Awarded at years end, contingent commissions reflect an overall performance involving growth, loss ratios and profitability. These factors do not reflect specific policies and therefore disclosure of this type of commission when writing the policy could not be accurate.

Sullivan, who is also president of Sullivan Financial Group, Inc., in Mahopac, New York, stated IIABNY’s position of voluntary rather than mandatory disclosure, and available “when requested by the customer.”

In addition, because independent agents and brokers write business with multiple companies, mandatory disclosure would single them out and not “captive agents or direct writer employees who represent only one company.”

Sullivan cited the recent Liberty Mutual Insurance Company decision (People v. Liberty Mutual Ins. Co.) by a New York State Supreme Court, Appellate Division, First Department. The court 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 Sullivan’s submitted testimony, go to http://ny.iiaa.org/Legislation/Sullivan_Testimony072308.pdf

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11. PIANY's Bailey Testifies At Albany Compensation/Disclosure Hearings

July 24, 2008

ALBANY, N.Y.— Professional Insurance Agents of New York State Inc. past President John W. Bailey, CIC, of the George Bailey Agency, Dryden, N.Y., testified yesterday on behalf of the association at a joint public hearing on producer compensation and disclosure. The hearing was the second in a series of three this month held by the New York State Insurance Department and Attorney General’s office. Bailey, and seven others spoke to the panel, comprised of three representatives from the NYSID and AG’s office each.

Eight individuals testified at the hearing, held in Albany, representing producer and company groups from the property/casualty and life/disability sectors; as well as Mercer Health & Benefits and State Farm.

Bailey was joined by other associations in reiterating PIA’s long-standing position that contingent commissions are legal, effective compensation for producers that benefit New York state’s consumers and economy. He told the panel that, beyond their inherent ethical behavior, a competitive market ensures that agents act in best interests of the consumer.

Pressed by the attorney general about whether contingents are an incentive to agents to steer business, Bailey responded, “There simply is no innate advantage in trying to place business in anything but the most appropriate and competitive market… The reality is there are a lot of different types of exposures; and our goal is to bring the best product to our client. It simply doesn’t benefit us in an extremely competitive market, to place business with the wrong carrier.”

Bailey and several testifiers pointed out contingent commissions, paid by insurance companies to retail independent insurance agents, are not the same as “placement service accounts,” which certain mega-brokers used in bid-rigging schemes and which the attorney general investigated and settled in 2004.

Nearly all of the eight speakers spoke in favor of transparency at some level in transactions with clients, however, some, including David Rahill, representing Mercer Health & Benefits LLP, a subsidiary of Marsh & McLennan Companies, Inc., called for a “level playing field,” either by the elimination of contingency agreements across the industry or by altering the settlements that bind certain brokers against such compensation, as a result of the Attorney General’s investigations and subsequent agreements in 2004.

PIA testified that voluntary disclosure exists in the market, and that mandating disclosure would mislead consumers, perhaps implying that producers’ compensation is negotiable between the customer and the agent. To the contrary, “our compensation is set by the companies and approved by the Insurance Department as part of the rate approval process,” Bailey explained.

Bailey’s full written testimony can be found at: www.pia.org/GIA/NY/testimony_compensationdisclosure.pdf.

A third hearing is scheduled to take place Friday, July 25 in New York.

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12. Guy Carpenter Publishes Update on Tropical Cyclone Conditions In Western North Pacific

Study Produced by Asia-Pacific Climate Impact Centre at City University of Hong Kong Finds Threat in Neutral Status

New York, July 24, 2008

Guy Carpenter & Company, LLC, the leading global risk and reinsurance specialist, today announced the publication of Updated Prediction of Seasonal Tropical Cyclone Activity over the Western North Pacific for 2008. This is the second report produced by the Guy Carpenter Asia-Pacific Climate Centre at City University of Hong Kong (GCACIC), launched in June this year.

The report describes how El Niño-Southern Oscillation (ENSO) is an important predictor of the number of tropical cyclones affecting the western North Pacific and the South China Sea. While 2007 was a strong La Niña year, 2008 shows a weakening of this event such that the ENSO condition is in a neutral status. Historically, such a condition (La Niña becoming neutral) generally suggests a near- to above-normal tropical cyclone activity, whereas other predictors indicate a slightly above-normal activity.

When considering all of the predictors, the GCACIC has forecasted a normal to slightly above-normal year for all tropical cyclone categories for the entire Western North Pacific during 2008.  As such, the predicted total number of tropical cyclones remains at 30, consistent with April estimates. Similarly, the predicted number of typhoons remains at 19.

“These predictions would suggest that the La Niña event we witnessed in 2007 is unlikely to persist for the rest of the 2008 season,” said James Nash, CEO of Guy Carpenter’s Asia Pacific Region. “Thus, the number of tropical cyclones is expected to be at slightly-above or near-normal levels.”

The GCACIC (http://www.cityu.edu.hk/gcacic/) is a leading regional hub for research on climate-related threats, catastrophic risk assessment and severe climatic event predictions for the Asia-Pacific region. www.guycarp.com

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13. H.I.G. Capital Announces Agreement to Acquire PMSI

MIAMI--(BUSINESS WIRE)--H.I.G. Capital, L.L.C., a leading global private equity investment firm announced today that it entered into a definitive agreement to acquire PMSI from AmerisourceBergen Corporation. The closing of this transaction is expected to occur during the third quarter of 2008.

Based in Tampa, Florida, PMSI is one of the nation’s largest providers of specialty managed care services and products for workers’ compensation and catastrophically injured populations. PMSI provides an integrated portfolio of services in Pharmacy (PBM), Medicare Set-Asides, Medical Services and Equipment, and Clinical Services that promote quality care for injured workers while helping contain costs and control utilization for its clients, which include workers’ compensation insurance companies, self-insured corporations, third-party administrators (TPAs) and government insurance entities.  www.higcapital.com

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14. GAO Reports about Financial Management

Long-Term Care Insurance: Oversight of Rate Setting and Claims Settlement Practices. GAO-08-712, June 30 http://www.gao.gov/cgi-bin/getrpt?GAO-08-712

Highlights - http://www.gao.gov/highlights/d08712high.pdf

Defined Benefit Pensions:  Plan Freezes Affect Millions of Participants and May Pose Retirement Income Challenges. GAO-08-817, July 21. http://www.gao.gov/cgi-bin/getrpt?GAO-08-817

Highlights - http://www.gao.gov/highlights/d08817high.pdf

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15. Brownyard Adds Workers’ Comp to Security Guard and Pest Control Programs in California

Bay Shore, N.Y.—July 23, 2008—The Brownyard Group ( www.brownyard.com ), a Program Administrator providing specialized insurance coverage for select industry groups, announced today that it is offering Workers’ Compensation Coverage in California for its Security Guard and Pest Control Programs. Coverage for both programs is written through Arch Insurance Company, rated “A” (Excellent) by A.M. Best, and can be written unsupported or as part of a package.

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16. Insurance Commissioner Poizner Deploys Insurance Experts To Aid Fire Survivors At Butte County Assistance Center

SACRAMENTO ? Insurance Commissioner Steve Poizner announced today that he will deploy Department of Insurance (CDI) consumer information experts to help Butte County fire survivors with recovery efforts. 

“The last thing fire survivors should have to worry about after losing their homes and belongings is a daunting recovery process,” said Commissioner Poizner.  “That’s why I have deployed my Department of Insurance consumer information experts to the fire zones – to aid fire survivors during this difficult time.”  

Governor Schwarzenegger announced the creation of a one-stop local assistance center in Butte County yesterday.  Commissioner Poizner is sending CDI staff to the one-stop assistance center to respond to any insurance-related questions and concerns survivors may have as they work to rebuild their lives in the wake of the destructive wildfires in Butte County.  Consumer information experts will answer insurance questions; help fire survivors understand their coverage, provide advice for filing a claim and assist with filing a complaint if necessary.  www.oes.ca.gov

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17. Insurance Commissioner Poizner Warns Sacramento Drivers To Be Alert For Staged Auto Collisions

Schemes Used by Scam Artists Endanger Other Drivers, Cost Unsuspecting Public

SACRAMENTO  With summer vacation looming and many Californians traditionally driving more frequently or longer distances, Insurance Commissioner Steve Poizner warned area drivers to be alert for staged auto collisions. In 2007-2008, 14,623 referrals out of 23,734 insurance fraud referrals received by the California Department of Insurance - 61 percent - were for suspected automobile insurance fraud.

More than $182 million could have been lost by insurance companies in 2007-2008 if the auto insurance fraud was not discovered. Actual loses, however, are subsequently built into the insurance companies' pricing structures.

In Sacramento there were 802 suspected fraudulent claims (SFCs) in 2007-2008. That's down from 856 SFCs in 2006-2007 but up from 788 in 2005-2006. In Sacramento County, potential losses were $5.6 million in 2007-2008 up from $5 million in 2006-2007 and comparable to the $5.8 million in potential losses in 2005-2006.

There are primarily three schemes typically used in staged collisions:

o      Panic stop

o      Start-and-stop

o      Swoop-and-squat

 www.insurance.ca.gov

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18. Dividend Declared for Oregon Participants in the Liberty Northwest Property & Liability Restaurant Program

Portland, Ore. (July 23, 2008) – The Liberty Northwest Board of Directors recently declared a 10 percent dividend of premiums earned for restaurants participating in the Oregon Restaurant Association (ORA) Safety Group Dividend Property & Liability Program.

This dividend applies to ORA members who were policyholders from October 1, 2006 to October 1, 2007. It is the largest dividend in the history of the program, and is the eighth consecutive dividend declared for this group, reflecting the tremendous performance of its participants.

For nearly 25 years Liberty Northwest has partnered with ORA to offer its group workers’ compensation program to members – a retrospective rating plan that has returned over $80 million to ORA members since its inception. In 1999, Liberty Northwest began offering the Safety Group Dividend Property and Liability Program to ORA members. www.libertynorthwest.com

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19. Life of the South Becomes Fortegra Financial Corporation

JACKSONVILLE, Fla., July 23 /PRNewswire/ -- The Board of Directors of Life of the South Corporation voted unanimously to change the name of the company to Fortegra Financial Corporation announced Richard Kahlbaugh, President and Chief Executive Officer.

"There are many reasons for the name change. After consulting with many investment bankers, we determined that a name without a regional reference was more appropriate as we continue to drive to an initial public offering.  Equally compelling has been our success in expanding our footprint. We now conduct business in over thirty (30) states and have the authority to conduct business in over forty (40) states. Finally, we are completing an acquisition that will give us a significant presence in the southwest and the west coast," explained Kahlbaugh.

Mr. Kahlbaugh made it clear that the name change and rebranding is limited to the holding company. "While we are changing the name of the holding company, the operating entities will maintain their brand. The name change will be completely transparent to our customers and the markets they serve. More importantly, we remain committed to maintaining our business model and our customer-focused service which has been the hallmark of our brand."  http://www.fortegrafinancial.com 

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20. INSURANCE NEWSCAST "Pictures Of The Day"

Dolly downgraded to tropical storm in South Texas. Strong winds caused by Hurricane Dolly strike palm trees and cars in Matamoros, Mexico, July 23, 2008. REUTERS/Tomas Bravo
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Cuba silent on Russian bomber report: Fidel Castro. Former Cuban leader Fidel Castro talks during a meeting with his brother Cuban President Raul Castro and Venezuela's President Hugo Chavez in Havana June 17, 2008. REUTERS/Estudios Revolucion/Handout
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Strong quake jolts north Japan, 107 hurt. Tombstones that collapsed during the earthquake are seen at Choryuji temple in Hachinohe, northern Japan July 24, 2008. REUTERS/Issei Kato
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China security forces vow to thwart Games threats. Paramilitary police attend an oath-taking rally to ensure the safety of the 2008 Beijing Olympic Games outside the National Stadium, also known as the Bird's Nest, in Beijing, July 23, 2008. REUTERS/Darren Whiteside
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C. V. Muralidhar (R), inspector general of India's Border Security Force, speaks as Brigadier General M. A. Bari, deputy director general of Bangladesh Rifles, looks on during a news conference after a three-day border co-ordination meeting in the eastern Indian city of Kolkata July 24, 2008. During the three-day meeting, the discussion was broadly focused on women and children trafficking, drugs and narcotics smuggling, flow of fake currency notes, illegal migration, unprovoked firing, and trans-border crimes including cattle smuggling, fence breaching and kidnapping, a joint press statement said. REUTERS/Parth Sanyal (INDIA)
 
US Democratic presidential candidate Senator Barack Obama (D-IL) (L) meets with German Chancellor Angela Merkel in Berlin July 24, 2008. REUTERS/Jim Young (GERMANY) US PRESIDENTIAL ELECTION CAMPAIGN 2008 (USA)
 
A member of audience waves a U.S. flag as Republican presidential candidate U.S. Senator John McCain (R-AZ) is introduced at a campaign picnic outside the Maine Military Museum in South Portland, Maine July 21, 2008. REUTERS/Brian Snyder (UNITED STATES) US PRESIDENTIAL ELECTION CAMPAIGN 2008 (USA)
 
New England farms blossom in cheese renaissance. Cheesemaker Peter Dixon holds a round of cheese being aged at Consider Bardwell Farm, where artisanal cheeses are made from goat and cow's milk, in West Pawlet, Vermont in this June 30, 2008 file photo. REUTERS/Brian Snyder/Files
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Hindu priests perform "Astottara Shatha Kundali Mukha Varun Yagam", a special prayer for rain, to appease the rain god in the southern Indian city of Hyderabad July 24, 2008. The southern part of India witnessed low rainfall this year, local media reports said. REUTERS/Krishnendu Halder (INDIA)
 
A cheetah observes the plains in Masai Mara game reserve July 24, 2008. The annual zebra and wildebeest migration is expected to attract a large number of tourists after the post-election violence when many cancelled their holidays to the country. REUTERS/Radu Sigheti (KENYA)
 

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