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REGIONAL DIRECTOR’S REPORT<br />

Russ Vollmer<br />

Tom Crowley<br />

Regional Directors<br />

MAY/JUNE 2008<br />

The following is a summary of the issues being addressed by IIABNY on behalf of our<br />

membership and the general public.<br />

Coastal Insurance. The Association is taking a multi-step approach to the coastal market<br />

situation that includes: regulatory reform to improve the climate for insurers and allow for<br />

the use of catastrophe modeling for rating purposes, legislative changes to make alternate<br />

markets more available, C-Map expansion (use of HO-3-like wrap policies) and<br />

improvements, permanency of the FAIR Plan, streamlining of rate review processes and some<br />

means of standardizing wind deductible triggers.<br />

Broker Compensation Disclosure. The Association’s board has approved a resolution<br />

calling for voluntary disclosure by agents and brokers. (We prefer voluntary disclosure at the<br />

request of a customer to mandatory disclosure to everyone.) Should the Insurance Dept.<br />

prepare a regulation on this issue, the Association has prepared suggested disclosure<br />

language to re<strong>com</strong>mend. IIABNY continues to be the only producer organization regularly<br />

testifying at public hearings on this issue. IIABNY will also review current and new alternative<br />

profit-sharing <strong>com</strong>pensation arrangements to determine their impact on agents.<br />

continued below -<br />

Workers Compensation. With respect to the NY Workers Compensation Law Reform Act of<br />

2007, IIABNY has prepared a white paper that outlines all the changes. This document can be<br />

accessed on the Research Page of IIABNY’s website: www.iiabny.org. We continue to meet<br />

with the Workers Compensation Board about the situation for out-of-state employees who<br />

travel into NY for meetings, seminars, etc. IIABNY is also looking into the State Fund’s NY<br />

Assessment being lower than that of private carriers, the Fund’s current 30-day advance<br />

notice requirement when a policyholder wants to change insurers and whether the Fund can<br />

be authorized to accept ACORD forms instead of their own..<br />

Auto Fraud. IIABNY is working with carriers and via the NY First Auto Fraud Coalition to<br />

broker a consensus between the Senate and Assembly about meaningful auto fraud<br />

legislation. So far, a result has been legislation enacted to de-certify health insurance<br />

providers who engage in fraud. (Auto insurance fraud adds an average of $124 a year to the<br />

premium for each NY insured vehicle.)<br />

Labor Law Reform. IIABNY continues to support the Businesses for a Better NY’s efforts at<br />

repealing the “no defense” provision in the current law. Currently, this effort, in the form of a<br />

dismissed lawsuit, is being appealed in the US Court of Appeals, 2md Circuit. There has been<br />

no legislative action on amending the law.<br />

Late Notice of Claims. IIABNY is drafting suggested legislation to define under what<br />

circumstances a claim can be denied by an insurer for late notice – essentially requiring the<br />

insurer to specifically demonstrate that the late notice was prejudicial to the insurer. The<br />

Association board adopted a policy statement on this issue and the statement can be viewed<br />

on IIABNY’s Leadership page at www.iiabny.org. Our statement has been distributed to the<br />

top 25 insurers in NY urging voluntary adoption of the suggested standards until a permanent<br />

solution is found. IIABNY has on several occasions been successful in having individual cases<br />

of late notice denials revered by the carrier involved.<br />

Other Issues.<br />

The NY Assembly has struck out the governor’s proposal to increase the $5 fee for<br />

each insured vehicle to $20 per vehicle.<br />

Commercial De-regulation is resurfacing again. This is an effort to free <strong>com</strong>mercial<br />

lines of insurance from much of the current regulations which could also put an end to<br />

many of the current protections in the current system. IIABNY will be watching this<br />

issue very closely.<br />

Wrap-Up insurance for major construction jobs is also resurfacing and with the<br />

contractors’ insurance situation being what it is today, this may well have some<br />

momentum this time and may, indeed, be the reason this is be<strong>com</strong>ing a current topic.<br />

Commercial loss runs are now being centrally reported much as personal lines claims<br />

are and some are currently available via lossruns.<strong>com</strong>.<br />

Respectfully submitted,<br />

Russ Vollmer<br />

Tom Crowley<br />

Regional Directors<br />

© 2008 www.tricountyagents.<strong>com</strong>

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