Professional Documents
Culture Documents
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Three Major Players
Insurance Company Operations
• Underwriter
• Actuary
• Adjudicator
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Rating and Ratemaking (2 of 2)
– Total premiums charged must be adequate for paying
all claims and expenses during the policy period
– Rates and premiums are determined by an actuary,
using the company’s past loss experience and industry
statistics
– Actuaries also determine the adequacy of loss
reserves, allocate expenses, and compile statistics for
company management and state regulatory officials.
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Underwriting (1 of 5)
• Underwriting refers to the process of selecting, classifying,
and pricing applicants for insurance
• A statement of underwriting policy establishes policies that
are consistent with the company’s objectives
• The underwriting policy is stated in an underwriting guide,
which specifies:
– Acceptable, borderline, and prohibited classes of business
– Amounts of insurance that can be written
– Territories to be developed
– Forms and rating plans to be used
– Business that requires approval by a senior underwriter
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Red-Lining is Illegal
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Underwriting (2 of 5)
• The basic principles of underwriting include:
– Attain an underwriting profit
– Select prospective insureds according to the company’s
underwriting standards
▪ Reduce adverse selection against the insurer
▪ Adverse selection is the tendency of people with a
higher-than-average chance of loss to seek insurance at
standard rates; if it is not controlled by underwriting it will
result in higher-than-expected loss levels.
– Provide equity among the policyholders
▪ One group of policyholders should not unduly subsidize
another group
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Underwriting (3 of 5)
• The process of underwriting starts with the agent; this is
often called field underwriting
• Information for underwriting comes from:
– The application
– The agent’s report
– An inspection report
– Physical inspection
– A physical examination and attending physician’s report
– Medical Information Bureau (MIB) report
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Underwriting (4 of 5)
• After reviewing the information, the underwriter can:
– Accept the application and recommend that the policy
be issued
– Accept the application subject to restrictions or
modifications
– Reject the application
• Many insurers now use computerized underwriting for
certain personal lines of insurance that can be
standardized
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Underwriting (5 of 5)
• Other factors considered in underwriting include:
– Rate adequacy
– Availability of reinsurance
– Whether a policy can or should be cancelled or
renewed
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Production (1 of 2)
• Production refers to the sales and marketing activities of
insurers
– Agents are often referred to as producers
– Life insurers have an agency or sales department
– Property and liability insurers have marketing departments
• The marketing of insurance has been characterized by a trend
toward professionalism
– An agent should be a competent professional with a high
degree of technical knowledge in a particular area of
insurance and who also places the needs of his or her
clients first
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Production (2 of 2)
• Several organizations have developed professional
designation programs for insurance personnel:
– The American College: CLU, ChFC
– The American Institute for Chartered Property and
Casualty Underwriters: CPCU
– Certified Financial Planner Board of Standards, Inc.:
CF P
– National Alliance for Insurance Education and
Research: CIC
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Agent Licensing
• Agents are required to be licensed in the state(s) in
which they are actively selling business.
– Continuing education requirements
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Claims Settlement (1 of 3)
• The objectives of claims settlement include:
– Verification of a covered loss
– Fair and prompt payment of claims
– Provide personal assistance to the insured
• Some laws prohibit unfair claims practices, such as:
– Refusing to pay claims without conducting a
reasonable investigation
– Not attempting to provide prompt, fair, and equitable
settlements
– Offering lower settlements to compel insureds to
institute lawsuits to recover amounts due
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Claims Settlement (2 of 3)
• Major types of claims adjustors include:
– An insurance agent often has authority to settle small
first-party claims up to some limit
– A staff claims representative is usually a salaried
employee who will investigate a claim, determine the
amount of loss, and arrange for payment.
– An independent adjustor is an organization or
individual that adjusts claims for a fee
– A public adjustor represents the insured and is paid a
fee based on the amount of the claim settlement
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Claims Settlement (3 of 3)
• The claim process begins with a notice of loss, typically
immediately or as soon as possible after a loss has
occurred.
• Next, the claim is investigated
– An adjustor must determine that a covered loss has
occurred and determine the amount of the loss
• The adjustor may require a proof of loss before the claim is
paid
• The adjustor decides if the claim should be paid or denied
– Policy provisions address how disputes may be
resolved
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Reinsurance (1 of 10)
• Reinsurance is an arrangement by which the primary insurer
that initially writes the insurance transfers to another insurer
part or all of the potential losses associated with such
insurance
– The primary insurer is the ceding company
– The insurer that accepts the insurance from the ceding
company is the reinsurer
– The retention limit is the amount of insurance retained by
the ceding company
– The amount of insurance ceded to the reinsurer is known
as a cession
– Retrocession is when a reinsurer insures part or all of a
risk with another insurer
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Reinsurance (2 of 10)
• Reinsurance is used to:
– Increase underwriting capacity
– Provide protection against a catastrophic loss
– Retire from business or from a line of insurance or
territory
– Obtain underwriting advice on a line for which the
insurer has little experience
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Exhibit 6.1 The Ten Most Costly
Catastrophes in the US ($ Millions) (1 of 2)
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Exhibit 6.1 The Ten Most Costly
Catastrophes in the US ($ Millions) (2 of 2)
1
Property coverage only. Excludes flood damage covered by the federally administered National Flood
Insurance Program.
2
Adjusted for inflation through 2016 by I SO using the G DP implicit price deflator.
Note: Data are from the Property Claim Services (P CS) unit of ISO, a Verisk Analytics company.
Source: “Facts+Statistics: U.S. Catastrophes,” Insurance Information Institute (2018). Accessed at
www.iii.org/fact-statistic/facts-statistics-us-catastrophes, May 2018.
This source is periodically updated. Reprinted with permission.
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Reinsurance (3 of 10)
• There are two principal forms of reinsurance:
– Facultative reinsurance is an optional, case-by-case
method that is used when the ceding company receives an
application for insurance that exceeds its retention limit
▪ Often used when the primary insurer has an application
for a large amount of insurance
– Treaty reinsurance means the primary insurer has agreed
to cede insurance to the reinsurer, and the reinsurer has
agreed to accept the business
▪ All business that falls within the scope of the agreement
is automatically reinsured according to the terms of the
treaty
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Reinsurance (4 of 10)
• There are two basic methods for sharing losses:
– Under the Pro rata method, the ceding company and
reinsurer agree to share losses and premiums based
on some proportion
– Under the Excess method, the reinsurer pays only
when covered losses exceed a certain level
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Reinsurance (5 of 10)
• Under a quota-share treaty, the ceding insurer and the
reinsurer agree to share premiums and losses based on
some proportion
Example: assume that Apex Fire Insurance and Geneva Re
enter into a quota-share arrangement by which losses and
premiums are shared 50-50
If a $100,000 loss occurs, Apex Fire pays $100,000 to the
insured but is reimbursed by Geneva Re for $50,000
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Reinsurance (8 of 10)
• An excess-of-loss treaty is designed for protection against a
catastrophic loss
– A treaty can be written to cover a single exposure, a single
occurrence, or excess losses
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Net Ratio
• Earned Premiums/Paid Claims + Operating Expenses
• Most Property & Liability companies have a ratio of
approximately .85 to .92
• How does a Property & Liability company make money?
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Investments
• Because premiums are paid in advance, they can be
invested until needed to pay claims and expenses
• Investment income is extremely important in reducing the
cost of insurance to policyowners and offsetting
unfavorable underwriting experience
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Important Functions Performed by
Other Insurance Companies
• Information systems are extremely important in the daily
operations of insurers.
– Computers are widely used in many areas, including
policy processing, simulation studies, market analysis,
and policyholder services.
• The accounting department prepares financial statements
and develops budgets
• In the legal department, attorneys are used in advanced
underwriting and estate planning
• Property and liability insurers also provide many loss
control services
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Reasons for Insurance Regulation
• Maintain insurer solvency
• Compensate for inadequate consumer knowledge
• Ensure reasonable rates
• Make insurance available
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Historical Development of Insurance
Regulation (1 of 4)
• Insurers were initially subject to few regulatory controls.
• State legislatures first granted charters to new insurers;
insurance commissions were first created in 1851.
• In Paul v Virginia (1868), the Supreme Court ruled that
ersus
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Historical Development of Insurance
Regulation (2 of 4)
• In U.S. v South-Eastern Underwriters Association
ersus
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Historical Development of Insurance
Regulation (3 of 4)
• The Financial Modernization Act (1999) changed
federal law that earlier prevented banks, insurers, and
investment firms from competing outside their core area
– State insurance departments regulate insurers
– State and federal bank agencies regulate banks
– The Securities and Exchange Commission (SEC)
regulates the sale of securities
– The Federal Reserve has umbrella authority over
bank affiliates that engage in underwriting insurance
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Methods for Regulating Insurers
• The three principal methods used to regulate insurers are:
– Legislation, through both state and federal laws
– Court decisions, e.g., interpreting policy provisions
– State insurance departments
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What Areas Are Regulated? (1 of 10)
• All states have requirements for the formation and
licensing of insurers
– Licensing includes minimum capital and surplus
requirements
– A domestic insurer is domiciled in the state
– A foreign insurer is an out-of-state insurer that is
chartered by another state, but licensed to operate in
the state
– An alien insurer is an insurer that is chartered by a
foreign country, but is licensed to operate in the state
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What Areas Are Regulated? (2 of 10)
• Insurers are subject to financial regulations designed to
maintain solvency
– Assets must be sufficient to offset liabilities
– Admitted assets are assets that an insurer can show
on its statutory balance sheet in determining its
financial condition
– States have regulations that address the calculation of
reserves
– An insurer’s surplus position is carefully monitored by
state regulators
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What Areas Are Regulated? (3 of 10)
• Life and health insurers must meet certain risk-based
capital (RBC) standards
– Insurers must hold a certain amount of capital,
depending on the riskiness of their investments and
insurance operations
– An insurer’s RBC depends on asset risk, underwriting
risk, interest rate risk, and business risk
– A comparison of the company’s total adjusted capital
to the amount of required risk-based capital
determines whether company or regulatory action is
required
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Exhibit 8.1 Corrective Action Levels for
Life Insurers
Source: “Insurance Companies’ Risk-Based Capital Ratios,” The Insurance Forum, Vol. 39, No. 8
(August 2012), p 73. ©2012. Reprinted with permission.
age
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What Areas Are Regulated? (4 of 10)
• The purpose of investment regulations is to prevent
insurers from making unsound investments that could
threaten the company’s solvency and harm the policy
owners
– Laws generally place a limit on the proportion of
assets in a specific asset category, such as real estate
• Many states limit the amount of surplus a participating life
insurer can accumulate, rather than pay as dividends
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What Areas Are Regulated? (5 of 10)
• Each insurer must file an annual report with the state
insurance department in the states where it does
business
• The state insurance department assumes control of
insurance companies that they determine to be
financially impaired
– All states have guaranty funds, guaranty laws and
guaranty associations that pay the claims of
policyowners of insolvent insurers
– The assessment method is the major method used
to raise the necessary funds to pay unpaid claims
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What Areas Are Regulated? (6 of 10)
• Rate regulation takes a variety of forms across states
– Forms of rate regulation for property and casualty insurance
include:
• Prior approval law • Flex-rating law
• Modified prior approval law • State-made rates
• File-and-use law • No filing required
• Use-and-file law
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What Areas Are Regulated? (7 of 10)
• State insurance commissioners have the authority to
approve or disapprove new policy forms before the
contracts are sold to the public
– Insurance contracts are technical and complex
– Purpose is to protect the public from misleading,
deceptive, and unfair provisions
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What Areas Are Regulated? (8 of 10)
• Sales practices are regulated by the laws concerning the
licensing of agents and brokers
– All states require agents and brokers to be licensed
– All states require agents to obtain continuing education
to upgrade their knowledge and skills
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What Areas Are Regulated? (9 of 10)
• Insurance laws prohibit a variety of unfair trade practices,
such as misrepresentation, twisting, and rebating
– Twisting is the inducement of a policy owner to drop
an existing policy and replace it with a new one that
provides little or no economic benefit to the client
– Rebating is the practice of giving an individual a
premium reduction or some other financial advantage
not stated in the policy as an inducement to purchase
the policy
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What Areas Are Regulated? (10 of 10)
• State insurance departments typically have a complaint division
for handling consumer complaints
– Most complaints involve claims
• Information is provided to consumers on insurance department
websites and in brochures
• Insurers pay numerous local, state, and federal taxes
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State Versus Federal Regulation (1 of 4)
• Proponents for federal regulation argue that federal
regulation:
– would provide uniformity in state regulations
– is more effective in negotiations of international
insurance agreements
– is more effective in the identification and treatment of
systemic risk
– Would enable insurers to become more efficient
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What is the NAIC
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State Versus Federal Regulation (2 of 4)
• Advantages of state regulation include:
– Quicker response to local insurance problems
– Federal regulation could lead to a dual system of
regulation and increase costs
– Poor quality of federal regulation, e.g., in the banking
industry
– Reasonable uniformity of laws can be achieved by the
model laws of the NAIC
– Greater opportunity for innovation
– Unknown consequences of federal regulation
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State Versus Federal Regulation (3 of 4)
• Shortcomings of state regulation include:
– Inadequate protection of consumers
– Improvements needed in handling complaints
– Inadequate market conduct examinations
– Insurance availability
– Regulators overly responsive to the insurance industry
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State Versus Federal Regulation (4 of 4)
• Should the McCarran-Ferguson Act be repealed?
• Critics of state regulation argue:
– The insurance industry no longer needs broad antitrust
exemption
– Federal regulation is needed because of the defects in
state regulation.
• Counterarguments include:
– The insurance industry is already competitive.
– Small insurers may be harmed.
– Insurers may be prevented from developing common
coverage forms
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Current Issues in Insurance Regulation (3 of 6)
• The Federal Insurance Office (FIO) has the authority to:
– Monitor all aspects of the insurance industry
– Identify gaps in insurance regulation and identify
issues that contribute to systemic risk
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Current Issues in Insurance Regulation (6 of 6)
• Another approach to insurance regulation is an optional
federal charter
– Proposals would allow insurers to choose either a
federal or state charter.
– Proponents argue that national insurers are at a
competitive disadvantage under the present system.
– Opponents suggest this creates a dual system of
insurance regulation which will increase the cost of
insurance regulation
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Describe the Issues Related to Insolvency
of Insurers (1 of 3)
• Insolvency of insurers continues to be an important regulatory concern
• Reasons for insolvencies include:
– Inadequate rates
– Inadequate reserves for claims
– Rapid growth and inadequate surplus
– Mismanagement and fraud
– Bad investments
– Problems with affiliates
– Overstatement of assets
– Catastrophe losses
– Failure of reinsurers to pay claims
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Describe the Issues Related to Insolvency
of Insurers (3 of 3)
• The principal methods of ensuring solvency are:
– Minimum capital and surplus requirements
– Risk-based capital standards
– Reserve requirements
– Restrictions on investements
– Review of annual financial statements
– Field examinations
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Explain the Purpose of Market Conduct
Regulation (1 of 3)
• Market conduct refers to the marketing practices of
insurers and agents that involve interaction with insureds,
claimants, or consumers.
• Practices include:
– Sales of insurance policies
– Advertising of insurance products
– Underwriting and rating
– Collection of premiums
– Policy renewals, termination, and changes
– Claims settlement
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Explain the Purpose of Market Conduct
Regulation (2 of 3)
• Regulators are concerned that certain industry practices
may have an adverse effect on policyholders,
beneficiaries, claimants and insurance consumers
• Concerns include:
– Misrepresentation of coverage
– Excessive sales pressure
– Denial of legitimate claims
– Improper termination of policies
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