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Louisiana Supreme Court Denies
Rehearing in Citizens Insurance Case

The Louisiana Supreme Court has declined to reconsider its ruling in a class-action lawsuit against Louisiana Citizens Property Insurance Corp. that could cost the state-run insurer of last resort about $103.8 million.

The state's highest court declined the application for rehearing on Friday by the same 4-3 vote that reinstated a March 2009 lower court judgment against Louisiana Citizens. Associate Justices John Weimer, Jeffrey Victory and Greg Guidry said they would have reheard the case.

In the original March 2009 judgment, Judge Henry Sullivan of the 24th Judicial District Court in Jefferson Parish awarded 18,573 homeowners in the class-action case, Geraldine R. Oubre et al. v. Louisiana Citizens Fair Plan, $5,000 each because Citizens' own records proved that the state-sponsored insurer of last resort waited more than 30 days to begin adjusting hurricane claims, violating state law.

A state appeals court had thrown out the ruling before the Supreme Court reinstated it in December. While the original $92.8 million judgment was on appeal, another $11 million in interest was added to the verdict, bringing the total to about $103.8 million.

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New Report Examines State Insurance Premiums

A new report from the National Association of Insurance Commissioners examining insurance premiums and risk exposure in every state was released in early January, and state insurance regulators and legislators alike are now scrambling to explain how these rates came to be. In the press release announcing the new report the NAIC explained how they collected their information and what it means.

"The report includes countrywide, state-specific premium and exposure information for homeowners' insurance package policies and for non-commercial dwelling fire insurance. Included are descriptions of the data and a discussion of how certain economic, demographic and natural phenomena impact the price of homeowners insurance.

"The report includes written exposures (earned house years) and aggregate written premiums by state and countrywide for the 2009 data year. It contains three tables that show individual state and countrywide exposures by policy type, individual policy form, as well as amount of insurance coverage, which is divided into ranges with percentages of total exposures provided for each range. This data is also broken down into state specific tables."

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Upcoming PIA Events
02/01/2012 -- Northshore Chapter Meeting

02/08/2012 -- Baton Rouge Chapter Meeting

02/14/2012 -- Acadiana Chapter Meeting

02/29/2012 -- New Orleans Chapter Board Meeting

03/01/2012 -- YIPs Annual Winter Conference
(Holiday Inn Lafayette)

03/02/2012 -- YIPs Annual Winter Conference
(Holiday Inn Lafayette)

03/03/2012 -- YIPs Annual Winter Conference
(Holiday Inn Lafayette)

03/06/2012 -- Northeast Chapter Meeting

03/07/2012 -- New Orleans Chapter Meeting

03/14/2012 -- Baton Rouge Chapter Meeting



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Insurance Industry Leaders Believe the Worst of
Financial Crisis Now Behind Us; Industry Now
In Early Stages Of Hard Market, I.I.I. Survey Finds

Leaders of the property/casualty insurance industry believe the worst of the financial crisis is over and that the industry is now in the early stages of a hard market, according to a survey conducted by the Insurance Information Institute (I.I.I.) at its 16th annual Property/Casualty Insurance Joint Industry Forum, held here. Seventy-five percent of executives in the property/casualty industry expect an improvement in profitability in 2012; and in fact, 72 percent believe the industry is on the road to recovery.

"The consensus among forecasters is for growth of the U.S. economy in 2012 at a little over a 2 percent annual rate, net of inflation," said Dr. Steven Weisbart, senior vice president and economist with the I.I.I. "In that scenario, the demand for property/casualty insurance will increase modestly, both in terms of personal and commercial coverages," he said. "The industry is well capitalized to provide this additional coverage and to pay claims under it without difficulty. Rates will be determined, as they should be, by state- and local-level market conditions, recognizing the impact of inflation on claims and the effect of lower investment income than the industry has earned in prior years."

Looking at the industry's profitability, a majority of industry leaders believe that profits will improve in most property/casualty lines. Broken down by lines of insurance, 63 percent of respondents believe there will be an improvement in personal auto and 67 percent expect an improvement in homeowners. While 72 percent of respondents expect an improvement in commercial lines, 55 percent do not expect an improvement in workers compensation.

Sixty-seven percent of respondents believe that premium growth will be higher; 31 percent believe it will remain flat, and only 2 percent believe it will be negative. In terms of capacity, as measured by policyholders' surplus, 56 percent of respondents expect it to increase; 35 percent believe it will remain flat; and 9 percent believe it will decrease.

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FIO Receives 150 Comment Letters;
McRaith Says FIO Won't "Sit Idly By"

Federal Insurance Office (FIO) Director Michael McRaith said he has received close to 150 comment letters from the industry with recommendations on how to improve the regulatory system. McRaith noted during a speech last week at the Property/Casualty Insurance Joint Industry Forum that the FIO also held dozens of meetings with industry participants in the past few months. PIA National filed formal comments with the FIO and met with McRaith at his request to discuss PIA's views on insurance regulation. McRaith says there is a great deal of difference of opinions regarding marketplace and prudential oversight. The FIO report is scheduled to be released this month.

During his speech, McRaith reiterated the FIO is not looking to duplicate state regulation nor increase paperwork burdens for insurers. He reiterated that the FIO is not a regulator and that states will maintain control over regulations. However, if you carefully read the text of McRaith's remarks, you can discern hints of possible overreach in the near future.

McRaith said: "Another key responsibility of the FIO is to 'monitor all aspects of the insurance industry.' Of course, different people have offered different views of what monitoring will look like and what constitutes an 'aspect' of the insurance industry. Circumstances will largely influence our focus at times, but it definitely does not mean that FIO will sit idly by while the world spins. FIO is poised to be flexible enough not only to be responsive to current events affecting the insurance industry, but also to take the lead in facilitating dialogue and direction regarding the insurance sector both nationally and internationally. FIO will be increasingly well-suited to be engaged and assertive…" [our emphasis added]

What It Means to Agents: What needs to be closely monitored is the FIO, to ensure that it does not attempt to break out of its Congressionally-mandated restraints and assume the role of insurance regulator.

It is of concern to hear that the FIO is "poised" to "take the lead in facilitating" "direction" of the insurance sector "nationally" and will be "increasingly well suited to be engaged and assertive." The risk here is that FIO may be poised to try to expand its mandate by asserting authority it has not been granted — not an uncommon gambit in Washington, D.C.

PIA Comments to FIO (filed 12/19/11)
FIO Hears Industry Arguments on Regulation (National Underwriter 12/21/11)



Thanks to Our 2011 PIA Partners:
        

American Strategic Insurance (ASI)


FirstComp


GMAC Insurance


LCTA Workers' Comp

LUBA Workers. Comp

Prime Rate

Stonetrust Commercial Ins. Co.