Regional Director’s Report
To
Tri County Independent Insurance Agents Association Russell Vollmer
IIABNY Regional Director
The following topics are on the current IIABNY
board action list.
1. Compensation Disclosure.
Status with the Insurance Department.
2. Dishonored Checks. IIABNY
will seek sponsorship of legislation to offset current Ins.
Dept. Gen. Counsel opinion that payment to agents is not
necessarily payment to a company, vis-à-vis a current
situation where one carrier is sweeping agency accounts
including bad checks and not canceling policies where that
has occurred.
The November Board meeting included the following matters:
1. Direct Writer/Captive Commodity
Sales. The state and national associations want to
step up public education about the difference between these
and agency driven sales. Special interest is where have
been losses involving lack of coverage from a direct/captive
writer policy replacing an independent agency produced policy.
Many times, the direct/captive writer will include lower
limits or even less coverage in order to save the customer
money, while the customer may be unaware that the replacing
coverage is not the same. The membership wants the association
to take a more pro-active role over this issue, since press
releases don’t seem to do the job, so a national task
force is to address the issue of different coverage and
direct/captive writer sales practices in general.
2. NYPIUA Bonds. There had
been a proposal to extend NYPIUA’s authority to the
commercial bond market to provide contractor bonds to women
and minority owned contracting firms currently having problems
securing required bonds for municipal work. We have since
learned that this probably won’t come to pass because
the Surety Assn. of America might find a way to cooperatively
fill the gap.
3. Next Gen. Conference. There
were 30 attendees at the recent conference, all of whom
raved about the classes and sessions. IIABNY will survey
agencies to see what programs the next gen. associates want.
More attendees are encouraged.
4. Strategic Initiative - Education.
All 6 training modules are now developed and the website
is complete. The program is to be rolled out January 2008.
5. Strategic Initiative – Carrier
Advocacy. We published the results of our summer
carrier survey and several companies were complimentary.
A letter will go out to membership encouraging participation
in this quarterly exercise to help us keep the companies
on their toes. We use an outside party to compile the responses
so that IIABNY is always at arms length with the results.
The carriers are very interested in these reports.
6. Strategic Initiative – Improved
E&O Program. Westport is going to automatic renewals
(no doubt due to the new competition they are facing). IAAC
revenues are down as the result of competition in pricing,
but this was expected. IAAC income, however, is what helps
keep membership dues level over long periods.
7. Coastal Market Issue. We
discussed IIABNY’s testimony at the Senate’s
coastal market hearing in Suffolk County. We feel we were
able to diffuse the ongoing Insurance Dept. perception that
there is broad market availability at affordable prices.
Several Senate panel members asked specific questions and
we believe some action might be taken in 2008, such as a
change in the 4% cancellation allowance restricting homeowner
policy cancellations and non-renewals by rating territory.
8. Workers Compensation Reform.
IIABNY is concerned with the aggregate trust fund which
needs to be fixed. We’ve had discussions with the
Workers Comp. Board over the out-of-state employer situation
and expect this will be mitigated by an interpretation of
the WCB to again recognize the All-states endorsement as
covering out-of-state employer responsibilities for other
than their NY domiciled employees or those working regularly
in the state. The assessment issue is also getting a lot
of attention from agents because the State Fund’s
assessment charge is so much lower than that of private
insurers and the Association will look into how that unfair
advantage can be rectified.
9. Labor Law Sections 240 & 241.
The BBCNY’s lawsuit over this law (as being unconstitutional
for denial of employers’ right to defend these cases)
is going to the appeals court. IIABNY has been financially
supporting this cause.
10. Compensation Disclosure.
The Ins. Dept. has drafted a regulation and we expect to
soon have an opportunity to comment on it. Supt. Dinallo
wants our input on it. He will also attend our 2008 L-Day
Conference.
11. NY First Coalition. A
meeting to be held December 3rd will include a discussion
whether to reach out to the coastal market situation.
12. 2008 Legislative Session
is expected to be active with issues revolving around ‘Troopergate”
and its outfall that brought state government to a standstill
this fall, NYPIUA permanency, rating territory cancellations
and other cancellation restrictions being a few of them.
13. E&S Export List Expansion
is another item being discussed along with reformation of
the broker statement requirement to a tri-annual basis.
14. Late Notice of Claim Denials.
IIABNY had good feedback from many of the insurers contacted
with a request that they use this reason for denying claims
more judiciously than in the past. We reminded them of our
pressure to defeat the original legislation that would also
have opened them up a third party right to declaratory action
prior to suing a policyholder. We will propose a new bill
addressing only late notice.
15. 2008 Legislative Position Paper
has been published and approved. L-Day is scheduled
for Wednesday, January 23rd due to other conflicts with
the Legislature.
16. Financial Services Regulation.
We will seek a position with a task force appointed by the
governor to study the integration of insurance and banking
regulation as has been done in states like Florida. Presently,
most of the members are from insurance companies and banks
and we will promote a place for agents there, too.
17. Monoline Worker Compensation.
The Association is replacing the previous monoline Workers
Compensation program with a new supplier.