Thursday, April 26, 2012

Renting A Car

When you rent a car, you are liable for injuries and property damage you cause to others, and damage to the rental car whether it’s your fault or not. With some restrictions, your insurance policy will cover you in your policy territory (United States, its possessions and territories, and Canada) if you injure someone or their property. In most cases, your auto policy will also cover damage to the rental car, but you must carry comprehensive and collision coverage on at least one of your covered autos.
If you plan on your credit card covering damage to your rental car, read the fine print. Some only provide coverage after you prove there is no coverage under your personal policy. Some cards actually have dollar limitations and very restrictive coverage.

Wednesday, April 25, 2012






California Previews NAIC’s End Game for Self-Insurance

In case you had any doubt about the end game the National Association of Insurance Commissioners (NAIC) has in mind for self-insurance nationally, you simply need to look at what is happening on the left coast.

Legislation is now moving through the California State Legislature that would impose new regulations on stop-loss insurance in such a way that would effectively eliminate the ability of companies in that state with 50 or fewer employees from self-insuring their group health plans.  It does this by prohibiting stop-loss carriers from providing coverage with specific attachment points below $95,000 and inserting other regulatory hurdles, including a provision stating that stop-loss insurance cannot discriminate in providing “coverage” to plan participants.

We had heard rumors that Insurance Commissioner Dave Jones was developing proposed legislation with a $40,000 minimum specific attachment point requirement.  That would have been bad enough, but a highly charitable interpretation of such development could conclude that Commissioner Jones’ motive was simply to support common sense health care marketplace regulation.

Such a motive is highly suspect of course, but the fact that he chose to push an attachment point requirement that is more than three times higher than that of any other state is clearly a brush back pitch to the self-insurance industry, to use a baseball analogy.

And Commissioner Jones did not throw this pitch without direction from the dugout.  The NAIC coaching staff likely sent him the signal to bring the heat in order to set the stage for other states to do likewise.  California makes for the perfect stalking horse due to its size and political composition of the Legislature which is generally hostile to the interests of the state’s business community.

We should also note that the word on the street is that Commissioner Jones is using his position as a stepping stone for higher public office and is looking for political fights to burnish his image as a serious player. 

While the weather is generally nice in California, a perfect storm of legislative and regulatory mischief is indeed brewing.   And such a storm could be coming to your state next.

So what’s behind all this focus on self-insurance?  There are two primary influences at play.

First, it cannot be overstated how much is riding politically for the Obama Administration and many others within Democratic Party establishment at both the federal and state level regarding the successful implementation of state health insurance exchanges as mandated by the Affordable Care Act.

As part of this obsession they are trying to stamp out any possible complication and have now latched on to the theory that the growth in the number of smaller self-insured group health plans will create adverse selection in the health care marketplace and therefor will threaten the viability of the exchanges when they come online in 2014, absent the law being overturned by the Supreme Court.

(This blog and other publications have previously addressed why this conclusion is a canard, so we won’t revisit the rebuttal analysis now.)

Armed with this concern, proponents of the ACA have positioned the NAIC to ramp up its efforts to clamp down on the ability of employers to self-insure. 

While industry observers have been fixated on the NAIC ERISA & ACA Work Group over the past year as it has been looking at updating its stop-loss model act - which presumably would bump up attachment point requirements - this blog is starting to think a little misdirection is at work here.

Sure, the NAIC could at some point come out with an updated model act that would not be favorable to the self-insurance industry but this is slow process.  Moreover, keep in mind that these are just suggested laws that each state would need to individually adopt.

It seems more clear that while this model act development process slowly plays out and keeps everyone’s attention, the NAIC, through individual insurance commissioner proxies, will simply “bum rush” the self-insurance industry with legislation like what has been introduced in California.

And just in case these insurance commissioners do not feel sufficiently motivated by NAIC orthodoxy, the health insurance industry is happy to provide the necessary nudge, which is the second factor in play on why self-insurance (via stop-loss insurance) is in the regulatory crosshairs.  It’s no secret that health insurers are concerned about losing market share in the small group market and they are enthusiastically parroting the adverse selection argument to justify new regulation. 

The fact that many insurance commissioners and/or the governors receive political support from the health insurance industry should also not be overlooked when making the circumstantial case that collusion is taking place among very powerful policy-makers and interest groups to restrict the ability of employers to self-insure.

Granted, California’s legislation is targeted at smaller employers, which a small segment of the overall self-insurance /alternative transfer marketplace.  But make no mistake, the end game of the NAIC is too strangle this marketplace in every way it can and limited encroachments left unchecked will likely lead to more existential threats.  Those involved with risk retention groups (RRGs) can certainly attest to this observation.

It’s important to understand this as the industry determines how it intends to position itself so it is not on the receiving end of any more brush-back pitches.

Thursday, April 19, 2012

Tenant’s Improvements to the Premises

A common circumstance surrounding commercial leases involves the tenant making alterations, or improvementsto the rented premises. A strip mall retail location could be used for many different types of tenants. It is unreasonable to assume that the premises is already set up to handle any type of tenant from a clothing store to a restaurant. For example, a new tenant might have to build partitions, add refrigeration or install a kitchen.

The commercial property policy defines improvements and betterments as “fixtures, alterations, installations or additions that are made a part of the building that is occupied but not owned by the named insured, and that the named insured acquires or makes at his expense but cannot legally remove.” Since business personal property coverage insures the tenant’s “use interest” in improvements and betterments located at the rented premises, the amount of these improvements should be calculated into the limit you choose for your business personal property.

Friday, April 13, 2012

Insurance Industry Loses Big in 2011

When a wave of major storms strikes Ohio, or anywhere in the United States for that matter, your carrier uses insurance premiums to pay claims to help customers, like you, recover. If they expect more storms, your rates increase. Ohio has been rocked with several devastating storms this past year, causing damage from hail to tornadoes.

Catastrophe losses in 2011 caused the U.S. property and casualty insurance industry to experience its worst losses since 2002, and analysts say 2012 should only see modest improvement. A.M.Best, the industry rating agency, reported the industry experienced more than $44 billion in catastrophe losses, driving down net income.

Simply stated, a greater frequency and severity of storms create higher premiums, regardless of whether or not you have had a claim.

“We are in the midst of a very long-term trend. Whatever the underlying causes are, this is pushing up the cost of providing insurance in many parts of the country. Insurers have begun to reflect that in their rates,” said Robert Hartwig, chief economist and president of the Insurance Information Institute.

The Buckeye State ranks 6th lowest in the United States based on its average homeowners insurance premium. Even with the increase looming, the cost of coverage remains considerably lower in Ohio than in most other states.

How to save on homeowners insurance

The best way to reduce the impact of a rate increase is to talk to your independent insurance agent about your coverage options and let them find the best solution for your needs. Their knowledge and professionalism is your best option.

Wednesday, April 4, 2012

Protect Your Phone's Data with a Passcode

Do you have a passcode on your iPhone or Android device? If not it is recommended as phones can easily be miss placed or stolen. A passcode to get into your device will help keep your information private and secure. Many personal and business phones have apps on them that hold a lot of important personal information. That information in the wrong hands can be dangerous and because of this we have three steps we recommend in helping protect your phone.
The first step is simple; decide to put a passcode on your phone. I know, it may be annoying to have to type something into your phone each time you use it but it is better for you in the long run.
The second step is to make the passcode something more than just four digits. Recently there was a software invented called Micro Systemation XRY app. This software can crack any four digit code in only a few minutes. Currently this software is only used by law enforcement agencies however the hackers are never to far behind in developing their own. We recommend you using the setting in your phone that lets you put in more than just four digits. Letters and numbers help to make the cracking process harder. Throw in a few other characters and it becomes even harder to break.
The third step in protecting your phone’s data is to put on the setting in which your data is wiped from the phone after so many failed attempts to login. I know it would be annoying to lose your data from your phone but hopefully you have it synced and backed up on your computer or in a cloud (plus is someone stole your phone you not only lose the data anyway but also the phone). By having the phone wiped after so many failed attempts you are preventing hackers and thieves form being able to use software to try and figure out your passcode.