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An Insurance Czar? I Don't Think So!

September 2009

As a performing blues guitarist and occasional lead singer, and as the guest of a variety of groups, I often do some of my own music. One first verse which comes to mind is:

Why's your face familiar?
Have we met before?
She just smiled,
And simply said,
I've heard that line before.

This makes me wonder, have we not heard "lines" over and over within our industry during the past decade or more?

by Peter M. Polstein

But now, we are hearing a more ominous line being sung by a president, House, and Senate who are attempting to move at an unparalleled speed toward what some are calling a totalitarian socialist government. Within our industry, on June 17, the Administration issued a white paper outlining insurance sector regulation. Accomplished by the Treasury Department, it's titled "Financial Regulation Reform, a New Foundation."

The legislation proposed would establish yet another, czar to run the "Office of National Insurance," which would gather information, develop expertise, negotiate a wide variety of international agreements, and coordinate all policy within the sector. The proposed legislation points to the "current crisis" within the industry, without providing particulars, which is par for the course, except to point to AIG, while explaining that its problem was brought about outside of the traditional insurance business.

The Treasury appears to believe that our industry lacks uniformity, is inefficient, has reduced product innovation, and as such, produces higher premiums to the purchasing public as the result. While the state-controlled basis of regulatory issues may need an overhaul, the remaining contentions are nothing more than contrived government speak.

The Treasury points out that beyond some specific areas of responsibility, e.g., employee benefits, flood insurance, anti-money laundering—all of which is of "critical importance"—there is no "well-functioning" standard; therefore, let's create a federal Office of National Insurance (ONI) within the framework of the Treasury. Having spent some time within the intelligence community, if I were in Office of Naval Intelligence, I might find some umbrage in the acronym.

The legislation then launches into a description of their astute challenge to themselves, which includes:

  • The identification of emerging problems or gaps in regulatory matters that might contribute to a future crisis.
  • The development of systemic risk regulation, thereby reducing risk.
  • The regulation of "strong capital standards" and appropriately matched capital adequacy to risk. Within this particular segment of the structure, they again are quick to point out that the current so-called crisis did not stem from insurance business. However, this legislation would provide enhanced security relative to the management of liquidity and duration of risk.
  • The monitoring and setting of guidelines for "meaningful and consistent consumer protection" within the industry, against what apparently has been a lack of this under the current inefficient and faulty system.
  • The coordination and consolidation of a sweeping number of gaps within the system, as well as improvement of the industry's international framework, thereby providing an "export" vehicle with standardized regulatory language which would enhance economic efficiency.

OK, all of this coming from a Treasury Department whose head seems to be totally out of his league, with a department over the past decade or more that has been so inefficient and mindless as to the happenings within the Treasury and the nation that, during the past year, it has found itself in economic shambles. But then, there is always sufficient number of folks to blame, aren't there? Now they have all of the expertise required to manage a $5.7 trillion asset base with over 2.3 million jobs, which represents over one-third of the entire financial sector. I don't think so!

While there may well be a number of "problem" areas within our industry, state regulations, holding company regulations, certain tax matters (especially in dealing with nondomestic insurers), to mention a few, another government czar is just about the last thing we need. Somewhere along the line, we seem to have gotten along fairly well despite the usual bumps in the road.

And the reprise:

Why's your face familiar?
Have we met before?
She just smiled,
And simply said,
I've heard that line before.

Haven't we all!


Opinions expressed in Expert Commentary articles are those of the author and are not necessarily held by the author's employer or IRMI. Expert Commentary articles and other IRMI Online content do not purport to provide legal, accounting, or other professional advice or opinion. If such advice is needed, consult with your attorney, accountant, or other qualified adviser.

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