On the Hill

Big “I” Speaks Up for Small Businesses and Independent Agencies at Hearing

P-C market stable, targeted modernization is the prudent approach to reform.

This week, Spencer Houldin, chairman of the Big “I” government affairs committee, represented the Big “I” before the U.S. Senate Banking Committee in a hearing titled, “Perspectives on Modernizing Insurance Regulation.”

Houldin is also an independent agent, president of Ericson Insurance in Washington Depot, Conn. and the Connecticut representative on the IIABA board of directors.

The Big “I” was the only agent/broker association to testify at the hearing. Other witnesses included: Michael McRaith, director, Illinois Department of Financial and Professional Regulation, on behalf of the National Association of Insurance Commissioners (NAIC); the Honorable Frank Keating, president and chief executive officer, The American Council of Life Insurers; William Berkley, chairman and chief executive officer, W. R. Berkley Corporation, on behalf of the American Insurance Association (AIA); John Hill, president and chief operating officer, Magna Carta Companies, on behalf of the National Association of Mutual Insurance Companies (NAMIC); Frank Nutter, president, The Reinsurance Association of America; and Robert Hunter, director of insurance, The Consumer Federation of America (CFA).

In his testimony, Houldin focused on small businesses, like his, in the independent agency system. He said that “(w)e must carefully examine the causes of the current crisis, and determine how or if regulatory policy should change to ensure we do not repeat the mistakes of the past. It is a daunting task, and as a small businessman who must conduct business in the regulatory environment of the future, I implore policymakers to act judiciously and make sure that when you act, you get it right.”

Houldin emphasized that the current state regulation system is working, although it could use some targeted reforms.

“(A)s we undertake a review of current regulations in place and consider strengthening existing laws or adding additional ones, we must ensure that we do not simply toss out regulatory systems that work in an effort essentially to wipe the slate clean and start over,” said Houldin. “…It should not be overlooked that the state system has an inherent consumer-protection advantage in that there are multiple regulators overseeing an entity and its products, allowing others to notice and rectify potential regulatory mistakes or gaps. Providing one regulator with all of these responsibilities, consolidating regulatory risk and essentially going against the very nature of insurance of spreading risk, could lead to more substantial problems where errors of that one regulator lead to extensive problems throughout the entire market.”

The Big “I” has long asserted that the best method for addressing regulatory deficiencies is by enacting targeted legislation or federal legislative ‘tools’ that establish greater interstate consistency and streamline redundant oversight, not an optional federal charter (OFC), which would result in regulatory arbitrage by allowing companies to pick and choose a regulatory system. The use of targeted and limited federal legislation on an as-needed basis can improve rather than dismantle the current state-based system and in the process produce a more efficient and effective regulatory framework.

In conclusion, Houldin emphasized that “IIABA believes that, with the exception of a properly crafted systemic risk overseer at the federal level, targeted modernization is the prudent course of action for reform of insurance regulation. Therefore, any efforts to use this crisis and the failure of AIG as an opportunity to promote misguided measures that would allow a regulated insurance entity to choose its own regulator should be summarily dismissed as unacceptable in today’s financial environment.”

Margarita Tapia (margarita.tapia@iiaba.net) is Big “I” director of public affairs.