Tuesday, May 22, 2012

Post-Katrina Role Of asset Insurers Threaten Consumers Nationwide

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How is Post-Katrina Role Of asset Insurers Threaten Consumers Nationwide

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Given the focus on the new one-year anniversary of Hurricane Katrina by the media and government officials and its label as the most precious catastrophic disaster in United States history, there has been minuscule focus on the nationwide impact the asset and casualty guarnatee commerce has started to present on homeowners and businesses in a post-Katrina world.

There has been serious argument about reforming U.S. guarnatee laws in the U.S. Congress since 2004, before four hurricanes battered the Florida coast and well before the Katrina and Rita storms hit the Gulf Coast in 2005. However, the guarnatee commerce since Katrina is now not only fighting hundreds of personel and class activity lawsuits in Mississippi and Louisiana in the wind v. Water debate, but also advocating change in the event of future catastrophic events.

The McCarran-Ferguson Act, enacted in 1945, delegated sole promulgation of guarnatee regulations to the states, where it was believed great oversight would take place rather than federal government mechanisms. However, state regulators are not law promulgation agencies and do not have the benefit of the arm of the federal government in cases which are beyond their means. Now, many state guarnatee commissioners, members of the Congress as well as consumer advocacy agencies believe that the whittling away of consumer protections over the years and new thinkable, prime hikes, with minuscule public disclosure, builds a case for federal guarnatee legislation and commerce reforms.

Since 1945 the guarnatee commerce has enjoyed an antitrust exemption and the viability of that rule has been seriously discussed and revisited by the Congress. There have been state accusations of price fixing and price gouging along with collusion in the commerce leaving consumers with minuscule information about their homeowners and firm asset policies, with only the civil or criminal courts left for recourse. It is argued that the antitrust exemption only fuels such a scenario.

The proposed National guarnatee Act of 2006 (S.B. 5209) introduced by the Senate Banking Committee on July 11, 2006, would allow insurers to be licensed under a federal umbrella license, to choose in the middle of federal or state regulation and to do firm in any state without need of state licenses. The U.S. Department of the Treasury would then have jurisdiction to regulate such national insurers. Arguments against such an arrangement cite more endless bureaucracy and red tape with fears that personel states would not be equally treated.

Alternatively, the State Modernization and Regulatory Transparency (Smart) Act introduced in 2004 addresses store conduct, licensing and antifraud data exchanges but has failed numerous times to move straight through the legislative process. It would leave regulation up to the states but to comply with uniform standards without federal oversight. The endeavor to "modernize" the regulatory framework of the guarnatee commerce has become synonymous with deregulation and appears that resistance on both sides of the argument makes reform more and more insurmountable along with huge struggles to furnish adequate delivery of adequate guarnatee for asset owners.

The repeal of the McCarran-Ferguson Act has also caught the concentration of the Senate Judiciary Committee which held a hearing on the issue on June 27, 2006 for the first time since 1994, precipitated by numerous complaints of less and less public disclosure of information and devices used for prime calculations. Such has impeded consumers from making a allowable decision when purchasing policies. Travis Plunkett of the consumer Federation of America (Cfa) testified that "Insurers want competition alone to conclude rates, they say. How about a repeal of the McCarran-Ferguson Act to test their desire to compete under the same rules as general American businesses?"

The Cfa has also called for regulation to ensure consumers have availability of adequate information in order to collate pricing of policies in the middle of insurers in order to make informed decisions. Unlike the way most consumer aid products are purchased, guarnatee costs are based upon a non-finite uncertain health to happen some time in the future. And consumers must rely solely upon the agent, especially when actuarial tables and guarnatee models are non-accessible. Thus, more scrutiny not less has been called for.

But deregulation has also brought about guarnatee products sold worldwide as investments and annuities and reinsurance associates which furnish catastrophic coverage for domestic insurers primarily are located overseas. Therefore, in a global economy, federal oversight is far more necessary than in the past. Leaving global oversight up to state regulators is arguably negligent given the ramifications of lack of coverage during a catastrophe.

The guarnatee commerce itself has been campaigning for some type of legislative reform to furnish for a federal catastrophic fund which would subsidize insurers in cases of terrorism and natural catastrophes. The American taxpayer and consumer have gotten their fill of that, however, where the Federal crisis management Department (Fema) has been and continues to pay out damages to the Gulf Coast states and primarily the City of New Orleans for rebuilding costs, with Fema's National Flood guarnatee program (Nfip) to homeowners and businesses and for Fema housing costs for the displaced.

But an unexpected phenomenon followed the 2005 hurricane season and is primarily fueling the fires for guarnatee reform and that is the record high prime rate hikes on homeowners as well as industrial asset policies. In addition, hundreds of thousands of policies are being dropped and non-renewed by the country's two largest guarnatee companies, namely State Farm guarnatee Co. And Allstate guarnatee Co., from the Gulf Coast all the way up to the tip of Maine.

Even more unexpected, however, were reparation denials for inland properties for policyholders in the Northeast along with New York City, where asset owners have never even previously filed a claim for asset damage. With premiums on the Gulf Coast having at least doubled since 2005, thousands of dollars have been added to mortgage loans. In some cases, many homeowners policies were not renewed at all, preventing homeowners from obtaining mortgages or rebuilding at all.

With insurers' withdrawal from writing homeowners policies throughout regions of the U.S. And gutting those with less and less coverage for those in place, the commerce believes it will be able to stay healthy. Astonishingly, in 2005 it made a record profit of billion post-Katrina and after four storms in 2004 it realized a profit of billion.

The models related with risk management among insurers are also changing. The 100-year median of history for forecasting future hurricanes, for example, is presently being revised. And as those methods of calculations become murkier, homeowners can hardly feel safe or comfortable when purchasing new properties. There are also any states which only allow for the issuance of asset guarnatee based solely upon a consumer's credit history and wage which makes it far more difficult for the working class consumer to be able to buy insurance.

Over the next year, 43% of the U.S. Citizen which covers 18 states can expect their policies to whether be dropped by their guarnatee carriers or have their premiums escalate in the middle of 20% and 100%. And for that suspect alone it might be time to reel in an commerce which not only is in firm to make a profit, but also has a moral promulgation to help safe communities nationwide and such becomes necessary in the face of absolute destruction.

Copyright ©2006 Diane M. Grassi
Contact: dgrassi@cox.net

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