LOUISIANA INSURANCE ENVIRONMENT GETS AN “F”
Thursday, January 25th, 2018
Baton Rouge, Louisiana
LOUISIANA INSURANCE ENVIRONMENT GETS AN “F”
Louisiana has one of the worst insurance regulatory
environments in the nation. That is according to Washington-based conservative
think tank R Street Institute in its 2017 Insurance Regulation Report Card just
issued. And no, it’s not because of the trial lawyers or the big insurance
companies. The blame is laid directly on the Louisiana legislature. In ranking
states across the country, Louisiana was given an F.
Florida, on the other hand, which has much
more hurricane exposure than Louisiana, has made a huge leap toward ranking as
a top regulatory state. The comparison between Louisiana and Florida is stark
and troubling. The words "homeowners insurance" has nary been given a
mention during past Louisiana legislative sessions. Affordable
insurance to cover one's property has been the single biggest detriment for
rebuilding in south Louisiana. And yet there has not been one
creative idea put on the table by legislators. In Florida, finding
ways to reduce the cost of basic home insurance has been the front
burner issue for months.
The R Street report finds: “It is in
recognition of these improvements that Florida, which was the bottom-ranked
state in our first report card in 2012, has clawed its way to a very
respectable B grade for 2017.” So Florida, with much more property damage
exposure, gets a B, and Louisiana gets an F.
Florida has approved sweeping property
insurance changes that have been touted in the state press as a
"homeowner’s Bill of Rights." The changes
in Florida are directly opposite from the direction being taken
in Louisiana. Florida legislation holds insurance companies to a
much higher degree of accountability when it comes to antitrust laws and
violating a litany of other state laws. Insurers are now required to get state
approval before raising property insurance rates, and are prohibited from using
arbitration panels when there is a disagreement with property owners.
Rates charged to those who purchased Florida Citizens Property insurance have
been frozen, and can never be higher than competing company rates. All
these changes fly in the face of the insurance company favoritism that
dominates both the Louisiana insurance department and
the Louisiana legislature.
Florida has also put in place a series of
strong consumer laws with an insurance advocate uncontrolled by the
insurance department. In Louisiana, efforts to create a separate insurance
consumer advocate, independent of the insurance department, has met a chilly
reception by legislators, who allowed (perhaps tongue in cheek?) for such an
office to be created in the insurance department itself. The fox guarding
the hen house?
The comparisons between the Florida Citizens
Insurance Corporation and a similar company set up by Louisiana are
striking. Florida initially set up its company by doing what any
normal business would do. Capital and surplus were put in place of over $700
million, and reinsurance in the private European market was obtained to protect
the Citizens plan in case there were major losses. And there were adequate
professionals hired to run the company on a daily basis.
Louisiana did none of the above.
From the day the Louisiana company was created by the insurance
department and the legislature, Louisiana Citizens Property Insurance Corp. was
a disaster waiting to happen. We have read about the incompetent management
and the rip-offs of millions of dollars in illegal spending. The state run company waited often years to
file financial statements or balance their checkbooks. Not one dollar was
allocated to the new start up company created by the legislature. Is
there any business that can start from scratch without having any money in the
bank?
And if the failure to not adequately build in
safeguards by Louisiana Citizens and the Louisiana Insurance Department
officials who were running the company was not bad enough, the decision not to
buy adequate reinsurance has turned out to be the biggest single financial
disaster in Louisiana’s history. Louisiana taxpayers will spend
the next 20 years paying off the bonds that were sold to cover the losses, now
well over $1 billion.
Louisiana and Florida have been
two troubled states when it comes to affordable insurance, and each is taking a
dramatically different direction. Right now, it looks
like Louisiana, made the wrong turn in the fork of the road.
*******
“It’s not hurricanes that are causing
high insurance rates, but bad government policy,”
Policy analyst Michelle Minton
Peace and Justice
Jim Brown
Jim Brown’s syndicated column appears each week
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