For Immediate Release
February 22, 2021
Contact: Tess Badenhausen
(732) 201-4133

NCOIL PROPERTY & CASUALTY INSURANCE COMMITTEE HOLDS VIRTUAL INTERIM MEETING: ADOPTED REVISED NCOIL COVID-19 LIMITED IMMUNITY MODEL ACT
Also Announced Intention to Amend NCOIL Peer-to-Peer Car Sharing Program Model Act at April Spring Meeting

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL) Property and Casualty Insurance Committee (Committee) held an interim virtual meeting on Friday, February 19.  Kentucky Representative Bart Rowland chairs the Committee and North Carolina Senator Vickie Sawyer serves as vice chair. The Committee discussed state actions relating to COVID-19 business immunity statutes, and adopted the NCOIL COVID-19 Limited Immunity Model Act (Model), sponsored by Rep. Rowland and Indiana Representative Matt Lehman, NCOIL President. The Model will be considered by the NCOIL Executive Committee for final adoption at the NCOIL Spring Meeting in April.

Rep. Rowland said, “I want to thank everyone who participated in the interim meeting. We had a great initial discussion on these issues in December at the NCOIL Annual Meeting, which included a number of speakers with differing views. That discussion enabled us to digest all the feedback on the initial draft of the Model and move forward with adoption of the Model during this interim meeting. I am pleased we were able to adopt the Model as so many states, including my home state of Kentucky, are now considering legislation concerning this issue.”

Rep. Lehman said, “Rep. Rowland led a great discussion on these issues in Tampa at our Annual Meeting, and again during this virtual interim meeting. As co-sponsor of the Model, I agreed with Rep. Rowland’s goal of working to get this Model adopted in advance of the Spring Meeting so that states considering the issue could be provided helpful guidance. I certainly didn’t expect to be discussing an issue like this when I began my term as NCOIL President, but here we are. Businesses, individuals, and insurers are looking for help when it comes to reopening and
getting back to a sense of normal.”

There were over 100 participants registered for the interim virtual meeting which included 34 legislators from 17 states. In addition to the robust dialogue from legislators, NCOIL heard perspectives on these issues from a wide array of interested parties at both the December and interim meetings including: Rebecca Dixon, Executive Director at the National Employment Law Project; Professor David Vladeck, A.B. Chettle, Jr. Professor of Law at the Georgetown University Law Center; the National Association of Mutual Insurance Companies (NAMIC); the American Property Casualty Insurance Association (APCIA); the Independent Insurance Agents & Brokers of America (IIABA); and the National Association of Professional Insurance Agents (PIA)

NCOIL CEO, Commissioner Tom Considine stated, “This Model allows us to be proactive by developing Model Legislation to offer assistance to states as they adapt during these challenging times. We developed the Model being mindful that a blanket level of immunity should not be provided but rather a presumption of protection should be provided for businesses and individuals that act in a reasonable manner and abide by certain health and safety measures in order to remove from businesses during this time of crisis the specter of frivolous lawsuits when the businesses have complied with all CDC guidance.” Considine continued, “We had great leadership guiding this Model from Rep. Rowland and Rep. Lehman, and I am confident that
states will find it useful when developing their own legislation.”

Additionally, Rep. Rowland announced his intention to introduce and sponsor amendments to the NCOIL Peer-to-Peer Car Sharing Program Model Act at the NCOIL Spring Meeting in April. The Model, also sponsored by Rep. Rowland and adopted by NCOIL in December of 2019, has been introduced and adopted by several states. The amendments are related to definitions, insurance, and recordkeeping and serve to enhance the original Model by promoting an innovative, consumer-centric peer-to-peer car sharing marketplace in every state. The amendments will appear in the 30-day materials for the Spring Meeting next month.

The video recording from the meeting will be posted on the NCOIL website soon and can be viewed here: https://www.youtube.com/channel/UCe09Z77z4q6HG1kv3fDG7Bg

All material discussed during the meeting can be viewed here: https://ncoil.org/ncoil-property-casualty-insurance-committee-interim-meeting-february-19-2021-1200-pm-130-pm-est/

A copy of the NCOIL COVID-19 Limited Immunity Model Act adopted by the Committee appears below:

National Council of Insurance Legislators (NCOIL)

COVID-19 Limited Immunity Model Act

*Sponsored by Rep. Bart Rowland (KY)
*Co-Sponsored by Rep. Matt Lehman (IN)
*Adopted by the Property & Casualty Insurance Committee on February 19, 2021.

*To be considered for adoption by the NCOIL Executive Committee on April 18, 2021.

Section 1. Title

This Act shall be known and may be cited as the “[State] COVID-19 Limited Immunity Act.”

Section 2. Definitions

(A) “Arising from COVID-19” means an injury or harm caused by or resulting from:

(1) the actual, alleged, or possible exposure to or contraction of COVID-19; or

(2) services, treatment, or other actions performed, not performed, or delayed in response to COVID-19.

(3) The term “arising from COVID-19” includes:

(a) the implementation of policies and procedures to prevent or minimize the spread of COVID-19;

(b) testing;

(c) monitoring, collecting, reporting, tracking, tracing, disclosing, or investigating COVID-19 exposure or other COVID-19 related information;

(d) using, designing, manufacturing, providing, donating, or servicing precautionary, diagnostic, collection, or other health equipment or supplies, including personal protective equipment;

(e) closing or partially closing to prevent or minimize the spread of COVID-19;

(f) delaying or modifying the schedule or performance of any medical procedure; and

(g) providing services or products in response to government appeal of repurposing operations to address an urgent need for personal protective equipment, sanitation products, or other products necessary to protect the public.

(B) “COVID-19” refers to any of the following:

(1) The novel coronavirus known as SARS-CoV-2;

(2) Any mutation of SARS-CoV-2;

(3) The coronavirus disease 2019.

(C) “Person” means any entity recognized in this state and shall include but not be limited to an individual, corporation, limited liability company, partnership, trust, association, church or religious organization, city, county, public or private school district, college, university or other institution of higher education, or other unit of local government.

Section 3. Limited Immunity from Liability

(A) Notwithstanding any other statute to the contrary, any person who acts in good faith in the course of or through the performance or provision of the person’s business operations or on the premises owned or operated by the person shall be immune from civil liability for ordinary negligence for any personal injury or death arising from COVID-19, if the person acts as an ordinary, reasonable, and prudent person would have acted under the same or similar circumstances. For purposes of this subsection, ordinary, reasonable, and prudent shall include the adoption of safety measures as set forth in subsection (B) of this Section.

(B) Notwithstanding any other statute to the contrary, there shall be a rebuttable presumption that the safety measures adopted by any person, as defined in Section 2(C) of this Act, are reasonable, as used in subsection (A) of this Section, if those measures conform to the Centers for Disease Control and Prevention guidelines in existence at the time of the alleged exposure. For purposes of this Section, the rebuttable presumption does not alter the applicable standard of care for medical, legal, or other negligence cases.

(C) Immunity as described in this section shall not apply to acts or omissions that constitute an intentional tort or willful or reckless misconduct as defined in [State Tort Code].

(D) Nothing in this Act shall be construed to modify the application of [State] worker’s compensation laws.

(E) The immunity provided in this section is in addition to any other immunity protection that may apply in state or federal law.

Section 4. Effective Date

An emergency existing therefor, which emergency is hereby declared to exist, this Act shall be in full force and effect on and after its passage and approval.

Section 5. Sunset Date

The provisions of Section 3 of this Act shall be null, void, and of no force and effect on and after [ ].

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act seventy-six years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

NCOIL Special Committee on Race in Insurance Underwriting Interim Meeting – March 5, 2021 1:00 – 2:30 p.m. (EST)

Click here for more information

For Immediate Release
February 1, 2021
Contact: Tess Badenhausen
(732) 201-4133

NCOIL HIGHLIGHTS FEBRUARY AS INSURANCE CAREERS MONTH
Supports Effort to Inspire Young Professionals to Choose Insurance as a Career

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL) joins the Insurance Careers Movement (ICM) in focusing on February as Annual Insurance Careers Month. Overall, the ICM includes more than 1,000 insurance carriers, agents/brokerage firm, trade associations and industry partners working to engage the next generation for careers in insurance. The ICM first designated February as Insurance Careers Month in 2016.

NCOIL CEO, Commissioner Tom Considine said, “The insurance industry offers a wide variety of stable and rewarding careers, and has done so for well over a century. Getting involved early can make a large difference long term for those considering a career in insurance. Looking back on the start of my career, a pivotal moment came when I accepted a position with MetLife, where I stayed for 18 years only to leave to become the Banking and Insurance Commissioner of New Jersey. It is important for young professionals to know that there are many career opportunities in the insurance industry.”

President, IN Rep. Matt Lehman remarked, “I began my career as an insurance agent with Bixler Insurance Inc. in 1991, became a partner in 1995, and then went on to expand that insurance practice. In my experience, insurance is a field with significant professional growth potential, and the ability to truly help make a difference in people’s lives remains constant.”

Considine continued that “I come from a family of insurance professionals. My grandfather, brother, niece and nephew all had or are having successful careers in insurance ranging from marketing to sales to underwriting, so I know firsthand that virtually all skill sets can thrive in insurance”.

“Additionally, it is fitting that this focus on insurance careers comes during Black History Month because, sadly, Black Americans historically have been underrepresented in insurance careers, which likely plays a role in the minority community being underinsured,” he concluded.

More information about the Insurance Careers Movement can be viewed here: http://insurancecareerstrifecta.org/

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act seventy four years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

NCOIL Property & Casualty Insurance Committee Interim Meeting – February 19, 2021 12:00 PM – 1:30 PM (EST)

CLICK HERE FOR MORE INFORMATION

For Immediate Release
January 19, 2021
Contact: Tess Badenhausen
(732) 201-4133

NCOIL PREPARES FOR 2021 SPRING MEETING
Spring Meeting Moved From March to April 15–18; Provides Time for Vaccine to Take Root; Location Under Review; Comments Welcomed on Four Model Laws up for Re-adoption

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL) announced today its decision to delay the Spring National Meeting from March to April 15 – 18. Additionally, the meeting will be moved from Washington, D.C. This decision was made in large part due to the strict in-person gathering limits currently in place in Washington, D.C. which made holding a conference there unworkable. Additionally, the later dates will allow more time for the COVID vaccine to take root. The new location for the April meeting will be announced within the next two weeks. The meeting will again by a hybrid format allowing for both in-person and virtual participation via Zoom.

NCOIL CEO, Commissioner Tom Considine said, “We feel that this is the best decision, as we do not want to rush into anything if we don’t have to. By moving the meeting to April, it will give us time to find a safe location that can accommodate our group’s needs. We also believe that companies and organizations may be more inclined to let their employees travel after the first quarter as the vaccine will be more widely distributed by then. The meeting will again be in a hybrid format and we are confident that our Spring Meeting will be a success.”

Additionally, there are four NCOIL Model Laws scheduled for re-adoption at the Spring Meeting. Per NCOIL Bylaws, all NCOIL Model Laws are scheduled to either be re-adopted or sunset every five years.

There are three laws up for re-adoption under the Life Insurance & Financial Planning Committee:

• Beneficiaries’ Bill of Rights (regarding retained asset accounts). Originally adopted on 11/21/10 and readopted on 2/28/16. The Model can be viewed here: https://ncoil.org/wpcontent/uploads/2021/01/Beneficiaries-Bill-of-Rights-Model-1-15-21.pdf
• Life Insurance Consumer Disclosure Model Act. Originally adopted on 11/21/10 and readopted on 2/28/16. The Model can be viewed here: https://ncoil.org/wpcontent/uploads/2021/01/Life-Insurance-Consumer-Disclosure-Model-1-15-21.pdf
• Long Term Care Tax Credit Model Act. Originally adopted on 7/10/98 and readopted on 3/2/01, 7/11/03, 3/4/05, 3/7/10, and 2/28/16. The Model can be viewed here: https://ncoil.org/wp-content/uploads/2021/01/LTC-Tax-Credit-Model-1-15-21.pdf

There is one Model Law up for re-adoption under the Health Insurance & Long Term Care Issues Committee:

• Employer Sponsored Group Disability Income Protection Model Act. Originally adopted 11/20/16. The Model can be viewed here: https://ncoil.org/wpcontent/uploads/2021/01/Employer-Sponsored-Group-Disability-Income-ProtectionModel-1-15-21.pdf

Legislators and interested parties are encouraged to provide any comments on the abovementioned Models in advance of the Spring Meeting. Please submit any comments to NCOIL General Counsel Will Melofchik at [email protected]

Cmsr. Considine stated “NCOIL Model Laws are always improved by feedback from legislators across the country and interested parties with different perspectives. After a Model Law is adopted, things can certainly change in a way that warrant changes to the Model, or perhaps even rendering the Model unnecessary. We welcome comments on the Models scheduled for readoption at the Spring Meeting to ensure that those Models are put on the best path going forward.

Committee meeting minutes from the 2020 Annual Meeting are posted here – https://ncoil.org/2020-annual-meeting-minutes-tampa-florida/

Recordings of all meetings and sessions are posted on the NCOIL YouTube Channel here – https://www.youtube.com/channel/UCe09Z77z4q6HG1kv3fDG7Bg

Registration for the 2021 NCOIL Spring Meeting will open once the location is finalized.

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act seventy four years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.

Click here for 2020 Annual Meeting Minutes

For Immediate Release
December 27, 2020
Contact: Tess Badenhausen
(732) 201-4133

NCOIL Adopts Transparency in Dental Benefits Contracting Model Act
Model Aims to Improve Transparency Throughout the Dental Benefits Landscape

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL) adopted the NCOIL Transparency in Dental Benefits Contracting Model Act (Model) at year’s end. The Model was sponsored by AR Rep. Deborah Ferguson, Vice Chair of the NCOIL Health Insurance & Long Term Care Issues Committee (Health Committee), and ND Rep. George Keiser, former NCOIL President. The measure passed on a voice vote by both the Health Committee and the Executive Committee.

The Model was first introduced at the 2019 NCOIL Annual Meeting in Austin, Texas and contained five substantive sections. After much work and compromise among everyone involved, the Model was narrowed to include three sections dealing with network leasing arrangements, prior authorization payments, and virtual credit cards, all under the umbrella of transparency.

Rep. Keiser said, “I am proud that I was able to introduce this Model and that Rep. Ferguson, as a dentist who deals with these issues so often, was able to guide it across the finish line. The Model protects both patients and dentists and should be considered by states during their next
legislative session.”

“These issues are very important to me as I have seen how if left unchecked, the practices that the Model addresses can harm both patients and dentists,” stated Rep. Ferguson. “I am confident that this Model provides for the ultimate level of transparency. Transparency in dental insurance and dental care is of the utmost importance for the dentist, but more so for the patient, as they end up absorbing unnecessary costs.”

NY Asw. Pamela Hunter, Chair of the NCOIL Health Committee, remarked: “I am very pleased with all of the hard work that Rep. Keiser, Rep. Ferguson, and stakeholders put into getting this Model adopted. When discussions on the Model began, both sides were far apart on the issues, but NCOIL once again provided a forum where people with difference perspectives can work together to develop sound insurance public policy.”

During the drafting discussions of the Model, NCOIL legislators and staff heard from a wide array of interested parties including the American Dental Association (ADA); the National Association of Dental Plans (NADP); America’s Health Insurance Plans (AHIP); the American Council of Life Insurers (ACLI); the Health Benefits Institute; and the American Bankers Association (ABA).

NCOIL CEO, Commissioner Tom Considine, stated, “The Model came a long way from when it was first introduced and that really is due in large part to the leadership from Rep. Keiser and Rep. Ferguson. As sponsors, they were able to guide the conversations to a point where sufficient consensus could be reached so the Model could be adopted and presented to states for consideration. Everyone had the same goal of ensuring that people have access to affordable and quality dental care, and this Model highlights the importance of that.”

Highlights of the Model include requiring fair and transparent network contracts. The Model permits a contracting entity to grant a third-party access to a provider network contract, or a provider’s dental services or contractual discounts provided pursuant to a provider
network contract if certain requirements are met such as:

• at the time the contract is entered into or renewed, or a when there are material modifications to a contract relevant to granting access to a provider network contract to a third party, the dental carrier allows any provider which is part of the carrier’s provider network to choose to not participate in third party access to the contract or to enter into a contract directly with the health insurer that acquired the provider network;
• the third party accessing the contract agrees to comply with all of the contract’s terms;
• the contracting entity identifies, in writing or electronic form to the provider, all third parties in existence as of the date the contract is entered into or renewed; and
• the contracting entity notifies network providers that a new third party is leasing or purchasing the network at least 30 days in advance of the relationship taking effect.

The Model also prohibits dental benefit plans from denying any claim subsequently submitted by a dentist for procedures specifically included in a prior authorization unless an exception applies for each procedure denied such as:

• benefit limitations such as annual maximums and frequency limitations not applicable at the time of the prior authorization are reached due to utilization subsequent to issuance of the prior authorization;
• the documentation for the claim provided by the person submitting the claim clearly fails to support the claim as originally authorized; or
• if, subsequent to the issuance of the prior authorization, new procedures are provided to the patient or a change in the condition of the patient occurs such that the prior authorized procedure would no longer be considered medically necessary, based on the prevailing standard of care.

Further, the Model prohibits dental benefit plans from restricting the methods of payment from the dental benefit plans or its vendor or the health maintenance organization to the dentist in which the only acceptable payment method is a credit card payment. If initiating or changing payments to a dentist using electronic funds transfer payments, including virtual credit card payments, a dental benefit plan or its contracted vendor or health maintenance organization shall:

• notify the dentist if any fees are associated with a particular payment method; and
• advise the dentist of the available methods of payment and provide clear instructions to the dentist as to how to select an alternative payment method.

A full copy of the Model can be viewed here: https://ncoil.org/wp-content/uploads/2020/12/Dental-Model-Adopted-12-12-20.pdf

For Immediate Release
December 17, 2020
Contact: Tess Badenhausen
(732) 201-4133

NCOIL CONCLUDES SUCCESSFUL HYBRID 2020 ANNUAL MEETING IN TAMPA
First Meeting of NCOIL Special Committee on Race in Insurance Underwriting; Continued Timely Policy Discussion; 2020 Officers Re-elected for 2021; New York Senator and Former NCOIL President Jim Seward Recognized on His Retirement

Manasquan, NJ – The National Council of Insurance Legislators (NCOIL) concluded a successful hybrid 2020 Annual Meeting (Meeting) in Tampa, Florida from December 9th  – 12th at the Tampa Marriot Water Street Hotel. There were 246 participants for the Annual Meeting- 60 in-person and 186 virtual- consisting of 37 legislators from 19 states, one first time legislator, four Insurance Commissioners (or equivalent), and 11 insurance departments represented. The seven policy Committees all met, as well as the first meeting of the Special Committee on Race in Insurance Underwriting.

NCOIL CEO, Commissioner Tom Considine said, “I am very pleased with the turnout at this year’s Annual Meeting. It was great to see so many participants, both in-person and virtual, who are committed to discussing the important insurance and health issues even during these highly unusual times. After our successful hybrid “Summer” Meeting, we felt confident in again offering a hybrid format to make sure that everyone who wanted to participate in the Meeting could do so in whichever manner they were most comfortable. Of course, we certainly are looking forward to when we can get back to having our regular in-person meeting when COVID19 is behind us.”

The Meeting began with the first Meeting of the Special Committee on Race in Insurance Underwriting, Chaired by New York Senator Neil Breslin.

“The first meeting of this Committee went very well. The various speakers we had who have different views on these issues really benefited the Committee and laid the groundwork for the Committee’s work going forward. We were able to discuss the overall insurance ratemaking statutory framework, the definition of “Proxy Discrimination”, and insurer’s use of certain rating factors in underwriting such as zip code, credit score and level of education. I look forward to evaluating the discussions, conferring with my colleagues and determining the Committee’s next steps” said Senator Breslin.

“I believe the Special Committee got off to an excellent start,” stated NCOIL President Matt Lehman (Representative, IN). “We heard positive comments from a number of participants that the program was well-structured, with witnesses representing a broad diversity of perspectives and opinions, and was nonetheless conducted in a respectful manner,” he continued. “We will continue our work in this important area to wherever the facts take us,” Lehman concluded.

There were three fascinating and timely general sessions: “Bitcoin and Beyond: What is this Stuff and How do We Insurance it?”; “What Next for Federal Healthcare? A New Presidency – SCOTUS Decision Looming”; “and “Medical Cannabis: Evaluating the Evidence.” Dr. Lawrence “Lars” Powell, Director of the University of Alabama Center for Insurance Information and Research, also delivered a presentation during the legislator luncheon titled “Examining the Insurability of a Pandemic.”

The Joint State-Federal Relations & International Insurance Issues Committee met to hear an update on pandemic business interruption coverage proposals. The speakers included Congresswoman Carolyn Maloney (NY-12), Chair of the U.S. House Committee on Oversight and Reform and lead sponsor of the Pandemic Risk Insurance Act (PRIA), as well as Deirdre Manna, Senior VP, Head of Gov’t & Industry Affairs and Peter Caminiti, Property Technical Director of Zurich North America. The Committee also heard from Stephen Frank, President & CEO of the Canadian Life & Health Insurance Association, regarding that segment of Canada’s insurance marketplace response to COVID-19, and re-adopted the NCOIL Market Conduct Annual Statement Model Act.

During the meeting of the Health Insurance & Long-Term Care Issues Committee, the Committee continued discussion on the NCOIL Telemedicine Authorization and Reimbursement Act, sponsored by Health Committee Chair New York Assemblywoman Pam Hunter, and adopted the NCOIL Transparency in Dental Benefits Contracting Model Act, sponsored by Health Committee Vice Chair Arkansas Representative Deborah Ferguson and North Dakota Representative George Keiser. The NCOIL Model Act Regarding Air Ambulance Patient Protections, sponsored by Texas Representative Tom Oliverson, M.D., and West Virginia Delegate Steve Westfall, was also introduced and discussed.

Asw. Pamela Hunter stated: “During these uncertain times of COVID-19 and quarantine, the use of telemedicine really became a practical answer for people who were not sure if and when they would be able to leave the house for a medical appointment. Now that we know how well it works, it makes sense to make permanent the use of this helpful technology.”

The Financial Services & Multi-Lines Issues Committee, continued discussion of the NCOIL Insurer Division Model Act, sponsored by Connecticut Senator Matt Lesser. The Committee also discussed COVID-19 Insurance Modernization Initiatives, which touched upon different ways the insurance industry has adapted throughout COVID-19 including allowing for remote notarization, and relaxing certain producer licensing requirements.

CT Sen. Matt Lesser stated, “Following the adoption by NCOIL of its Insurance Business Transfer (IBT) Model Act, those of us in states with a Corporate Divisions Law believe that solution should also be represented in a Model so that businesses can choose what works best for them, and States can adopt the solution that best fits their marketplace.”

The Workers Compensation Insurance Committee heard a very timely presentation titled “The ABCs of Experience Rating” from Gerald Ordoyne of the National Council on Compensation Insurance (NCCI), and heard from a panel of experts as to how Florida’s workers’ compensation insurance marketplace has responded to COVID-19.

The NCOIL – NAIC Dialogue, consisted of an update on state adoption of the NAIC’s amended Credit for Reinsurance Models, an update on proposed changes to SSAP No. 71, a discussion on the NAIC’s Special Committee on Race in Insurance, and a discussion on the NAIC’s Market Conduct Annual Statement (MCAS) Blanks (D) Working Group. Florida Insurance Commissioner and 2021 NAIC President David Altmaier, and Oklahoma Insurance Commissioner Glen Mulready participated in the discussions on behalf of the NAIC.

“As someone who has participated in these Dialogue sessions from both sides, I can say that they are quite productive and helpful to both the NAIC and to NCOIL. In my view, the spirit of cooperation on behalf of state regulation of insurance has never been stronger than it is in 2020 under Presidents Ray Farmer (NAIC) and Matt Lehman (NCOIL)” stated Mulready.

Following that, the Life Insurance & Financial Planning Committee heard a pair of very interesting presentations, one from Jordan Martell, VP, Innovation Council at Pacific Life titled “Regulatory Challenges and Temp-to-Perm Efforts in a Touchless Society”, and the other from Brooks Tingle, President & CEO of John Hancock Insurance titled “Accelerating Life Insurance Innovation to Create Meaningful Change.”

The Property & Casualty Insurance Committee continued discussion on the NCOIL Distracted Driving Model Act, sponsored by California Assemblyman Ken Cooley, NCOIL Vice President, and Ohio Senator Bob Hackett, and heard an update on the status of no-pay no-play laws throughout the country. Also, the NCOIL Coronavirus Limited Immunity Model Act, sponsored by P&C Committee Chair Kentucky Representative Bart Rowland and co-sponsored by Rep. Lehman, was introduced and discussed. Amendments to the NCOIL Post Assessment Property and Liability Insurance Guaranty Association Model Act, sponsored by Asm. Cooley, were also introduced and discussed.

The Executive Committee adopted the Nominating Committee’s recommendation to re-elect the current roster of NCOIL Officers for 2021 due to the unprecedented year of 2020. Accordingly, Indiana Representative Matt Lehman will remain as NCOIL President; California Assemblyman Ken Cooley will remain as NCOIL Vice President; New York Assemblyman Kevin Cahill will remain as NCOIL Treasurer; and Kentucky Representative Joe Fischer will remain as NCOIL Secretary. Arkansas Senator Jason Rapert and Indiana Senator Travis Holdman, Co-Chairs of the Nominating Committee, will remain as NCOIL Immediate Past Presidents.

Senator Holdman stated “The decision to keep the current slate of Officers the same for 2021 was not easy, but after careful deliberations, we agreed that it was the right thing to do both for the organization as a whole, as well as to give the Officers a more full Officer experience.”

Senator Rapert stated “NCOIL has done a great job of adapting to the challenges that COVID-19 has brought throughout the year and this decision is yet another of illustration of that. The decision was carefully discussed and had bipartisan support.”

The Executive Committee also honored NCOIL Past President New York Senator Jim Seward by adopting a Resolution declaring him an Honorary Member of NCOIL, effective upon Senator Seward’s retirement from the New York State Senate at the end of this year. “Sen. Seward embodies all that is good about NCOIL,” stated Considine, “the outpouring of support for this bipartisan gentleman was overwhelming from both sides of the aisle.”

New York Senator Neil Breslin, former NCOIL President, stated “No one is more deserving of being an Honorary Member of NCOIL than Jim Seward. I have worked with Jim on so many issues in New York and at NCOIL meetings. He is a wonderful person and has contributed so much to NCOIL.”

Senator Seward stated “I am extremely honored by this Resolution. NCOIL is such an important organization and the fact that my colleagues chose to recognize my service over the years really means a lot.”

The Executive Committee also appointed Indiana Senator Andy Zay and West Virginia Delegate Steve Westfall to the NCOIL Executive as Chairs of their state’s Insurance Committees.

NCOIL President, IN Rep. Matt Lehman stated, “I was very impressed with the set-up of all of the meeting rooms for this conference. We had a very large room that was spread out to meet social distancing requirements and ensure that everyone who attended in-person felt comfortable. The hybrid format worked very well, although I think it’s safe to say that I’m not the only one who is looking forward to the day we can all be in the same room when discussing these important issues.”

Committee meeting minutes will be posted soon at www.ncoil.org. Recordings of all meetings and sessions will also be posted on the NCOIL YouTube Channel soon.

The 2021 NCOIL Spring Meeting is scheduled to take place in Washington, DC from March 11th– 14th. Registration will open after January 1, 2021.

NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act seventy four years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues

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CLICK HERE – NCOIL 2020 ANNUAL MEETING PRESENTATIONS & MATERIALS

For Immediate Release
November 19, 2020
Contact: Tess Badenhausen
(732) 201-4133

NCOIL ANNOUNCES SPEAKERS FOR SPECIAL COMMITTEE ON RACE
Committee Scheduled to Meet December 9th in Tampa; Committee and Speaker Roster Still in Formation

Manasquan, NJ – The National Council of Insurance Legislators (“NCOIL”) will hold the initial meeting of its newly formed Special Committee on Race in Insurance Underwriting on Wednesday December 9 at the NCOIL Annual Meeting in Tampa, Florida. Senator Neil Breslin of New York, former NCOIL President, chairs the committee, which is still in formation.

Breslin stated, “I look forward to the committee rolling up its collective sleeves and taking a deeper look into such an important issue. We all know that the 2020s are not the 1950s or even the 1990s, and racial equality is something that has rightly moved to the forefront of many areas”.

Breslin previously commented that the insurance industry has taken steps to review and, in some instances, change certain previously established ways of doing business with the intention to address systemic racism. “By forming this committee, we are creating a platform where NCOIL can examine and determine if unfair racial discrimination exists in insurance underwriting and NCOIL’s model laws,” Breslin concluded.

NCOIL President Rep. Matt Lehman (IN) stated “we have a really great line up of speakers so far who are passionate about this issue and are excited to be a part of something meaningful.”

To date those speakers include:

-Birny Birnbaum, Director – Center for Economic Justice
-Laura Foggan, Esq., Partner – Crowell & Moring LLP
-Roosevelt Mosley, FCAS, MAAA, CSPA, Principal and Consulting Actuary – Pinnacle Actuarial Resources, Inc.
-Eric Poe, COO – Cure Auto Insurance

-Dr. Lawrence “Lars” Powell, Director – University of Alabama Center for Insurance Information and Research
-Professor Anya Prince – University of Iowa College of Law
-The Honorable Nat Shapo – Former Director of the Illinois Department of Insurance
-Marty Young, Co-Founder – Buckle
-Representatives from the American Academy of Actuaries

The Committee will meet on Wednesday December 9 from 10:00AM – 1:00PM, and from 2:00PM – 5:00PM. The day will be divided into three parts. The first will be to review the background on insurance industry ratings regulations. Next will come presentations, discussion and consideration of a definition of “proxy discrimination.” Third and finally will be presentations, and examination and consideration of various insurance rating factors.

NCOIL CEO, Commissioner Tom Considine said, “NCOIL has been discussing these and related issues informally since June, with Rep. Lehman and the officers deciding to formalize the process in late summer. We look forward to hearing from knowledgeable experts in the field who will be able to expand on and properly define “proxy discrimination,” which currently stands as an undefined term, despite its wide use by many in the insurance context. Additionally, times have clearly changed and rating factors – as well as the combination of factors – used in insurance underwriting, such as zip code and level of education, warrant revisiting.”

The Special Committee is open to all active NCOIL legislators, and to date the roster includes:

• Chair: Senator Neil Breslin (NY)
• Senator Jason Rapert (AR) – NCOIL Immediate Past President
• Assemblyman Ken Cooley (CA) – NCOIL Vice President
• Representative Park Cannon (GA)
• Senator Travis Holdman (IN) – NCOIL Immediate Past President
• Representative Matt Lehman (IN) – NCOIL President
• Representative Joe Fischer (KY) – NCOIL Secretary
• Representative Bart Rowland (KY) – Chair of the NCOIL Property & Casualty Insurance Committee
• Representative Edmond Jordan (LA) – Chair of the NCOIL Financial Services & MultiLines Issues Committee
• Representative Brenda Carter (MI)
• Representative George Keiser (ND) – Former NCOIL President
• Assemblywoman Maggie Carlton (NV) – Chair of the NCOIL Life Insurance & Financial Planning Committee
• Assemblyman Kevin Cahill (NY) – NCOIL Treasurer
• Assemblywoman Pam Hunter (NY) – Chair of the NCOIL Health Insurance & Long Term Care Issues Committee

“I am proud that we have so many NCOIL members who enlisted so far for the opportunity to serve on this important committee; both the committee roster and the speaker lineup remain open,” concluded Lehman.

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NCOIL is a national legislative organization with the nation’s 50 states as members, represented principally by legislators serving on their states’ insurance and financial institutions committees. NCOIL writes Model Laws in insurance and financial services, works to preserve the State jurisdiction over insurance as established by the McCarran-Ferguson Act seventy four years ago, and to serve as an educational forum for public policymakers and interested parties. Founded in 1969, NCOIL works to assert the prerogative of legislators in making State policy when it comes to insurance and educate State legislators on current and longstanding insurance issues.