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39 Cards in this Set

  • Front
  • Back

Insurance Regulations on state level controlled by


  • Commissioner or superintendent




  • Often Appointed but sometimes elected

N.A.I.C.


  • National Association of Insurance Commissioner




  • (All states participate)

What does the N.A.I.C do?

  • Make regulation same across states (model laws, model regulation)




  • Reduce redundancy (Solvency monitoring, licensing audits, etc.

What does the N.A.I.C do? #2

Utilize expensive personnel on nation level-spread charge basis.

Six key legal events

Gave rise to the legal landscape of insurance today.

1. Paul vs. Virginia (1869) problem


  • Paul was an agent violating VA laws by selling insurance for a NY company (Interstate transaction)




  • He argued that VA was incorrect only congress has right to regulate interstate commerce

1. Paul vs. Virginia (1869) Solution

Supreme court ruled insurance is not interstate commerce. (state won)

2. Sherman Anti-trust Act

  • 1890 congressional Act prohibiting collusion to gain monopoly




  • Application to insurance industry- prevents insurers from banning together to control rates or coverage.

3. Southern Underwriting Association Decision (1944) Problem


  • SUDA- members 200+ stock insurers in south




  • Preformed functions such as data collection, policy forms, actuarial support




  • Case found evidence of price collusion

3. Southern Underwriting Association Decision (1944) Solution


  • Supreme court ruled against SEUA




  • This gave control of the insurance industry to FED




  • State regulations deemed not good

4. McCarron-Ferguson Act (1945)

  • Congressional Act restoring state insurance regulation




  • Fed regulate in cases states fail in duty




  • state regulation is coordinated by NAIC

5. ISO case (what did ISO comp. do)


  • 1917: Six separate rating bureaus merged together creating ISO




  • Produces standardized policy forms (provides forcast for P* expected losses)

5. ISO case problem


  • 1988- ISO sued by attorney generals




  • 7 states alleged anti-trust got changes made to the commercial general ledger policy form.



5. ISO case solution


  • Focus on excluding environmental on damages from pollution liability




  • ISO agreed to be only "STATISTICAL" agent for its members.

6. Gramm-Leach-Bliley Act (1996) Also known as

Financial Services Modernization Act

6. Gramm-Leach-Bliley Act (1996) problem (prior to act)




  • Prior to Act- firewalls prevented companies from engaging in the business of more than of following areas (Banking, Insuance, Securities)

6. Gramm-Leach-Bliley Act (1996) Solution

Allowed financial serve companies to compete in all three areas.

Changes and Mergers from act.


  • Citibank/ travelers Merger




  • State farm entered banking

Gramm-Leach-Bliley Act caused Variable Annuities

Annuities with investment in stock

Gramm-Leach-Bliley Act caused Variable Life Insurance

Life insurance where mortality is partially financed by investment stock.

BAD GBL (Gramm-Leach-Bililey)

Mortgage back securities

Securiteization of mortgage risk

They default.

Mortgage Companies and bankers

bundle investment and sell as a security

Investors hedge their investment risk

by purchasing credit default swaps.

Good GBL (Gramm-Leach-Bililey)

Cat Bonds

What are Cat bonds

Insurers issue debt to help finance Catastrophic losses

Cat bond risk linked Securities.

secularization of cat bonds

What does the buyer of a cat bond do?

Provides large upfront investments

Buyer of Cat bond Provides large upfront investments in return for

  • Periodic payments of interest over the life of the bond.




  • Repayment of the principal at end of the bonds term.





Insurers have the right to

reduce or eliminate if cat. loss occurs

Cat bond uses random


  • All about bonds
  • to buy football stadiums

Cat bond money is only paid out if...


  • No losses occur




  • "alternative capital"
  • "reinsurance"

Why do investors buy cat bonds?

Higher interest than available form other bonds of similar default risk

Investors can use cat bonds to

Diversify their investment portfolio because cat bond are not correlated with financial markets.

Cat bonds are particular helpful to

Non-stock insurers like mutuals

Cat bond triggered- Indemnity

exposure portfolio Tied to that insurers specific loss

Cat bond triggered- moderate loss

exposure portfolio is moderate- result of model must exceed a certain threshold.

Cat bond triggered- Index


  • When industry looses from a peril exceeds certin threshold.




  • State records best insurance
  • decided to use whats going to pay off.

Cat bond triggered- parametic

  • Indexed to the actual cat disaster




  • Such as wind speed, hurricane category, and amount of rain.