NCIGF Makes Progress at NCOIL

NCIGF-advocated measures received favorable action during the National Conference of Insurance Legislators (NCOIL) meeting last week in Charleston, S.C.

Language was approved making it an express requirement that the Commissioner find that guaranty association coverage is not disrupted before approving a division plan. NCOIL Committee members noted that the model as adopted was a positive development and parallel changes should be made to the previously adopted NCOIL IBT Model. Also adopted as part of the P&C GF Model was the NCIGF’s new language related to insurance company restructurings ensuring guaranty fund coverage neutrality.

“We appreciate the attention of NCOIL members to important issues that impact the state guaranty funds,” said Roger Schmelzer, NCIGF CEO. “It’s critical to state regulation that insurance policyholders be protected and that we know when that protection is in place even while the marketplace and policymaking evolves.”

Divisions and IBT. NCIGF has been keeping an eye on the development of division and insurance business transfer (IBT) statutes around the country. NCIGF has been concerned that guaranty fund issues have not been adequately addressed in some cases. Jointly with NOLHGA, NCIGF has developed language to clarify the need for the commissioner to review guaranty fund coverage issues during the approval process for these transactions. Further, the provisions assigned the burden of demonstrating the impact on guaranty fund coverage to the applicant insurance company. The revisions are consistent with the NCIGF policy that guaranty fund coverage should not be disrupted by a division or insurance business transfer (IBT). That is, if the claim would have been covered before the transaction that coverage should remain in place after. However, guaranty fund coverage should not be created by a transaction when it did not exist before the transaction.

Special Funding Committee language. Changes were also adopted to the NCOIL Model Property Casualty Guaranty Fund model to add optional assessment language that would give guaranty associations the ability to assess for administrative and overhead costs in periods of low claim activity. NCIGF was successful in achieving adoption of this model in 2008. It is often used as a resource for states considering amendments to their acts.

At the April meeting, the Committee adopted optional assessment language designed to provide guaranty associations the ability to assess for administrative and overhead costs in periods of low claim activity. (A provision developed by the NCIGF Special Funding Committee.)  Further, the Committee adopted the NCIGF’s new language related to insurance company restructurings. This language, consistent with NCIGF policy ensures that guaranty fund coverage remains in place after a transaction, but such coverage is not expanded.

Schmelzer said that since NCOIL membership is composed of state legislators whose focus is insurance issues in their states, NCIGF engages at that level to build public policy bridges by which to share to its trusted, non-partisan expertise. “It’s a win-win; work at NCOIL often translates to state legislative efforts and NCIGF has expertise on a very discrete area of insurance policy,” Schmelzer said.

He also said that NCIGF will be working with NCOIL to develop amendments to its IBT model. Committee members also expressed interest in a general update on guaranty fund matters which NCIGF will provide.

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