National Association of Insurance Commissioners (NAIC) 2015 Spring National Meeting Highlights

 

With nearly a dozen new insurance commissioners or acting commissioners being welcomed as the newest members, the National Association of Insurance Commissioners (“NAIC”) convened in Phoenix, Arizona during March 28-31 for its 2015 Spring National Meeting. 

Among the new regulators recognized at the event were:

• Thomas A. Donovan, who was appointed Acting Insurance Director by Idaho Governor C.L. “Butch” Otter, effective January 25, 2015
• Ken Selzer, CPA, who was elected as Kansas Insurance Commissioner in 2014 and began serving on January 12, 2015
• Alfred W. Redmer Jr. was appointed as Maryland Insurance Commissioner by Governor Lawrence J. Hogan Jr. in January 2015
• Mark O. Rabauliman, who was delegated by Northern Mariana Islands Governor Eloy S. Inos as Acting Secretary for the territory’s Department of Commerce in September 2014
• Former Oregon Insurance Division Administrator Teresa D. Miller was appointed Acting Insurance Commissioner by Pennsylvania Governor Tom Wolf on January 20, 2015
• Larry D. Deiter was appointed South Dakota Division of Insurance Director on January 8, 2015
• Texas Governor Rick Perry appointed David Mattax as Insurance Commissioner on January 12, 2015
• Osbert Potter was inaugurated as Lieutenant Governor (which includes the duties of Insurance Commissioner) of the U.S. Virgin Islands on January 5, 2015
• James “Jim” Stephens was appointed Acting Director of the Illinois Department of Insurance on March 16, 2015 by Illinois Governor Bruce Rauner
• Massachusetts Acting Commissioner Gary Anderson, who was a former Counsel and Policy Adviser in the Massachusetts Office of the Senate President
• Tom Glause, who was appointed Wyoming Department of Insurance Commissioner by Governor Matt Mead on January 3, 2015

The NAIC’s adoption of a white paper affording long-awaited regulatory guidance on Transportation Network Companies (“TNCs”) made national news as related legislation is pending in at least 35 states.

The paper, Transportation Network Company Insurance Principles for Legislators and Regulators, outlines insurance considerations to guide state and local policy-makers when adopting TNC-related laws or regulations.   It also discusses insurance industry perspectives; TNCs themselves; and traditional livery services like cabs and limousines, and their drivers and passengers.  The paper recommends a range of potential state-based regulatory solutions on issues such as insurance coverage gaps, coverage amounts, and types of coverage, as well as reiterates the need for consumer outreach and education on these new transportation services.

A forum on pandemics and the insurance industry was the official feature of the 2015 Spring National Meeting.   To view the speakers and topics as they were presented, click here.

To view the NAIC’s matrix of the event meetings, materials and respective summaries, click here.

Following are highlights of the various committee, task force and working group meetings that took place:

 

Executive Committee and Plenary

The Executive Committee and Plenary met on March 31, during which it:

• Adopted the Transportation Network Company Insurance Principles for Legislators and Regulators white paper
• Adopted revisions to Actuarial Guideline XXXVIII-The Application of the Valuation of Life Insurance Policies Model Regulation (“AG 38”)
• Adopted amendments to the Annuity Disclosure Model Regulation (#245)
• Adopted amendments to the Suitability in Annuity Transactions Model Regulation (#275)
• Adopted amendments to the Advertisement of Life Insurance and Annuities Model Regulation (#570)
• Adopted amendments to the Life Insurance and Annuities Replacement Model Regulation (#613)
• Adopted the Compendium of Reports on the Pricing of Personal Automobile Insurance
• Adopted the model bulletin, policyholder disclosures and expedited SERFF filing document related to the federal Terrorism Risk Insurance Program Reauthorization Act of 2015
• Adopted the Health Reform Data Call and Definitions
• Adopted the Model Risk Retention Act (#705) as an additional Part A standard for accreditation purposes

 

Executive Committee

The Executive Committee met on March 29, during this meeting, which it:

• Ratified the NAIC representatives on the International Association of Insurance Supervisors Executive Committee and the U.S./European Union Steering Committee
• Selected meeting locations for the 2019 national meetings: Spring-Orlando, Florida; Summer-New York, New York; and Fall-Austin, Texas
• Adopted recommendations to the White House for appointments to the National Association of Registered Agents and Brokers Board of Directors
• Approved the appointment of the following insurance industry and consumer representatives to the SERFF Advisory Board:
  • Brian Hoffman (The Travelers Companies) for Property and Casualty
  • Shirley Grossman (The Londen Insurance Group) for Life Representative and Vice Chair
  • James Gabriel (United Healthcare) for health
  • Birny Birnbaum (Center for Economic Justice) as the Consumer Representative
• Appointment of NAIC Audit Committee members:
  • Commissioner Ted Nickel, Chair (WI)
  • Director Germaine L. Marks (AZ)
  • Commissioner Sharon P. Clark (KY)
  • Commissioner Kenneth E. Kobylowski (NJ)
  • Superintendent Joseph Torti III (RI)
  • Commissioner Julie Mix McPeak (TN)
• Appointment of Commissioner Adam Hamm (ND) and Commissioner Todd E. Kiser (UT) to the National Insurance Producer Registry Board of Directors
• Appointment of Commissioner Hamm as the NAIC representative to the Financial and Banking Information Infrastructure Committee
• Approval of the National Association of Corporate Directors as the consultant on the NAIC Governance Review project, along with designation of the Governance Review Task Force to make any governance-related recommendations to the Executive Committee
• Adopted a model law development request for an Unclaimed Life Insurance Benefits Model Act

 

Cybersecurity Task Force

The Cybersecurity Task Force met on March 29.  During this meeting, regulators:

• Heard from Anthem Corporation about its data breach remediation efforts
• Discussed the Property and Casualty Committee work on the Cybersecurity Annual Statement Supplement
• Heard a report from the IT Examination (E) Working Group’s work regarding the cybersecurity enhancements to the financial examination handbook
• Heard comments on the draft principles for effective cybersecurity regulatory guidance, for which the comment period has been extended until April 10.  An April 16 conference call on the draft has been scheduled.

 

Life Actuarial Task Force

The Life Actuarial Task Force met March 26 and 27, during which it:

• Voted to offer the 2014 Valuation Basic Tables Basic and Relative Risk Tables for a 45-day public comment period.  Direction was provided to update these tables with mortality improvement to 2015 for this exposure
• Heard an update from the American Council of Life Insurers on items to be addressed before the operative date of the Valuation Manual (“VM”), which included a proposal for commercial mortgage default assumptions.  The Task Force voted to offer this proposal for a 30-day public comment period and discussed initial edits for VM-31 improvements, a recommendation to defer Principle-Based Reserving (“PBR”) reserve volatility smoothing, and direction to provide the Net Premium Reserve methodology for other products.  Members also discussed what constitutes a PBR change in valuation basis.
• Voted to offer for comment the Contingent Deferred Annuity Subgroup edits to the Standard Nonforfeiture Law for Individual Deferred Annuities (#805) that exclude contingent deferred annuities (“CDAs”) from sections of the law, but provide a commissioner with the ability to address nonforfeiture for CDAs by Rule.  The Task Force also voted to expose the Subgroup’s edits to the definition of a synthetic guaranteed investment contract in the Synthetic Guaranteed Investment Contract Model Regulation (#695)
• Discussed the compromise proposal for an Actuarial Guideline (“AG”) for Index Universal Life illustrations developed in consideration of earlier proposals submitted by several industry groups.  The Task Force made revisions to this AG for a public comment period ending April 14.
• Discussed the proposed edits to AG 38 defining the responsibilities of the Financial Analysis Working Group for reporting years 2015 and thereafter
• Discussed proposed edits to Actuarial Guideline XXXIII (AG 33) entitled “Determining CARVM Reserves for Annuity Contracts with Elective Benefits“

 

Unclaimed Life Insurance Benefits Working Group

The Unclaimed Life Insurance Benefits Working Group met on March 28.  During this meeting, members:

• Heard from various stakeholders on whether the Working Group should use the National Conference of Insurance Legislators’ Model Unclaimed Life Insurance Benefits Act as a starting point for developing the NAIC model to address the unclaimed death benefits issue
• Decided to appoint a subgroup to work on developing the new NAIC model

 

Property and Casualty Insurance Committee

The Property and Casualty Insurance Committee met on March 30, during which members:

• Adopted an extension for revisions to the Creditor-Placed Insurance Model Act (#375)
• Adopted the Model Bulletin, Policyholder Disclosures and Expedited SERFF Filing Document related to the federal Terrorism Risk Insurance Program Reauthorization Act of 2015
• Discussed a Blanks proposal related to cyber insurance data
• Adopted the Transportation Network Company Insurance Principles for Legislators and Regulators
• Adopted the Title Insurance Guaranty Association – Title Insurance Consumer Protection Fund Guideline
• Heard presentations related to insurers’ use of data
• Heard a presentation on coverage issues related to drones

 

Auto Insurance Study Group

The Auto Insurance Study Group met on March 28, during which members:

• Discussed a draft data call template and directed NAIC staff to draft an overview to the template explaining the purpose and other key elements
• Heard a presentation regarding the Transunion/CARFAX rating tool

 

Casualty Actuarial and Statistical Task Force

The Casualty Actuarial and Statistical Task Force met on March 28, during which regulators voted to offer a draft white paper on price optimization for a public comment period ending April 10.

 

Climate Change and Global Warming Working Group

The Climate Change and Global Warming Working Group met on March 28, during which members heard a presentation from Munich Re America on its multi-faceted climate change strategy and recent mitigation activities.  They also heard a presentation from Ceres on briefing materials it developed to educate financial examiners on how climate risks and opportunities affect insurer solvency.   

 

Sharing Economy Working Group

The Sharing Economy Working Group met on March 28, during which it:

• Discussed a TNC Insurance Compromise Model Bill jointly developed by TNCs, personal auto insurers and industry groups
• Adopted its white paper, entitled Transportation Network Company Insurance Principles for Legislators and Regulators, with minor modifications
• Heard a report on TNC driver policies and endorsements in California
• Heard a presentation from the National Council on Compensation Insurance on workers’ compensation issues relative to TNC activities

Terrorism Insurance Implementation Working Group

The Terrorism Insurance Implementation Working Group met on March 29, during which it discussed provisions related to data collection contained within the Terrorism Risk Insurance Program Reauthorization Act of 2015.  The Working Group agreed to seek industry opinion on the data elements and discuss the matter further.

 

Market Regulation and Consumer Affairs Committee

The Market Regulation and Consumer Affairs Committee met on March 30, during which members reviewed holding a public hearing and forming a study group to explore potential issues surrounding the insurance industry’s use of consumer data for the settlement of automobile claims.

The first draft of the Market Regulation Accreditation Program proposal was also discussed.

 

Market Information Systems Task Force

Market Information Systems Task Force met on March 28, during which members heard an update on the Market Action Tracking System (“MATS”) project, which is on schedule for a Third Quarter production release.   The Task Force had reviewed high-level business requirements and a prototype for MATS during its December 4, 2014 meeting.  To read more on the Market Regulation Accreditation Program proposal, click here.

 

Financial Condition Committee

The Financial Condition Committee met on March 30, during which it:

• Appointed the Variable Annuities Issues (E) Working Group to oversee the NAIC’s efforts to study and address regulatory issues resulting in variable annuity captive reinsurance transactions
• Discussed how to address the dynamic of insurers asking for (and regulators approving) captive reinsurance transactions without the regulatory incentive first being directed to the Financial Condition Committee or one of its subsidiary policymaking groups.  Additionally, concerns about permitted practices not being used to address many of the “one-off’ issues behind some of the captive reinsurance transactions were discussed.  Regulators directed NAIC staff to send correspondence to other regulators, trade associations and insurers to request identification of issues to be reviewed in terms of updating the solvency framework.
• Adopted the Title Insurance Guaranty Association–Title Insurance Consumer Protection Fund Guideline, the purpose of which is to provide states with a mechanism for the continuation of coverage and payment of covered title insurance claims, as well as to avoid excessive delays in payments, financial loss to policyholders and help for associations in assessing the costs of such protection
• Adopted a motion to disband the Title Insurance Guaranty Fund (C/E) Working Group, which was tasked with drafting the Title Insurance Guaranty Association–Title Insurance Consumer Protection Fund Guideline
• Heard about concerns with some large deductible workers’ compensation programs, which are being discussed by both the Receivership and Insolvency Task Force and the Workers’ Compensation Task Force

 

Emerging Actuarial Issues Working Group

The Emerging Actuarial Issues Working Group met on March 26, during which members:

• Voted to offer new language for a response to a question submitted on AG 38, The Application of the Valuation of Life Insurance Policies Model Regulation, Section 8E prefunding ratio question
• Discussed the need to develop an interpretation on AG 38, 8D to ensure there would not be issues with an anticipated adoption by the Life Actuarial Task Force of the VM-20, Requirements for Principle-Based Reserves for Life Products, Pretax Interest Maintenance Reserve proposal.  The American Council of Life Insurers agreed to develop this interpretation

 

Private Equity Issues Working Group

The Private Equity Issues Working Group met on March 29, during which members adopted recommended proposed changes to the Financial Analysis Handbook representing new narrative guidance for items to consider in reviewing Form A applications.

 

Risk-Focused Surveillance Working Group

The Risk-Focused Surveillance Working Group met on March 29, during which members:

• Discussed comments received on proposed guidance for the Financial Analysis Handbook and the Financial Condition Examiners Handbook to reduce redundant information requests of insurers.  As a result of discussions, NAIC staff was asked to modify the proposed revisions for presentation back to the Working Group at a future meeting.
• Voted to offer the Group Profile Summary template and related guidance for a 60-day public comment period ending May 29
• Received an update on the status of a project to identify and document the regulatory skill sets necessary to effectively perform risk-focused surveillance
• Discussed the status of the 2015 peer review project entitled “Liabilities of a Consolidated Collateralized Financing Entity“
• Offered the following substantive items related to statutory accounting:
  • Agenda items requesting comments on identified issues with: 1) sale-leasebacks; 2) reporting of investments in subsidiary, controlled and affiliated entities; and 3) short sale transactions
  • Proposed revisions to the measurement method for holders of non-rated surplus notes and surplus notes with a designation below an NAIC 1
• Voted to expose the following nonsubstantive revisions to existing statutory accounting guidance:
  • Proposed revisions to adopt with modification ASU 2015-01, Income Statement-Extraordinary and Unusual Items and adopt with modification ASU 2014-08, Reporting Discontinued Operations and Disclosures of Disposal of Components of an Entity
  • Proposed revisions to reject ASU 2013-06: Not-for-Profit Entities; Services Received from Personnel of an Affiliate and incorporate disclosures regarding services for not-for-profit entities
  • Proposed revisions to require prepayment penalties and acceleration fees to be reported as realized capital gains, clarify the yield-to-worst concept for continuously callable bonds and revise the guidance for bonds with make-whole call provisions
  • Four discussion documents related to the Investment Classification Project: 1) definition for “security” 2) “contractual amount of principle due” 3) analysis of exchange-traded fund investments approved for reporting as bonds or preferred stocks as of December 31, 2013 and 4) definitions of non-bond items
  • Proposed revisions to clarify when an encumbrance on wholly owned real estate held in an LLC is allowed for real state (Schedule A) reporting
  • Proposed revisions to adopt the definition of “charity care” from ASU 2010-23, Health Care Entities, Measuring Charity Care and adopt with modification the ASU 2010-23 charity care disclosure
  • Proposed revisions to clarify the reporting of premium adjustments for contracts subject to redetermination
  • Proposed audited disclosures to illustrate whether the securities backing ceded reserves are in compliance with the standard in effect in the reporting entity’s state of domicile: either Actuarial Guideline XLVIII-Actuarial Opinion and Memorandum Requirements for the Reinsurance of Policies Required to be Valued Under Sections 6 and 7 of the NAIC Valuation of Life Insurance Policies Model Regulation (AG 48) or the proposed XXX/AXXX Reinsurance Model Regulation
  • Proposed revisions that decrease the provision for reinsurance liability related to certain asbestos and environmental reinsurance with retroactive counterparties (using reporting option one), with modifications suggested by interested parties to paragraphs 66, 67 and 68 for a shortened 30-day comment period
  • Proposed revisions to adopt with modification ASU 2014-01, Accounting for Investments in Qualified Affordable Housing Projects and the proposed revisions effectively continue the previous balance sheet treatment, referred to as proportional amortized cost, and with continued gross income statement presentation
  • Proposed revisions to modify several SSAP titles
  • Proposed technical edits, including modifications to the SSAP No. 106 ACA fee disclosure to ensure consistent reporting of the RBC impact
  • Proposed revisions to Appendix A-821 incorporating the 2012 Individual Annuity Mortality Table effective January 1, 2015

• Approved a referral to the Capital Adequacy Task Force requesting re-evaluation of the separate RBC charge for assets held on deposit with a state that are for the benefit of all policyholders
• Received updates on the following projects and referrals:
  • Restricted Asset Subgroup’s February 18 discussion of repurchase transactions
  • The need to provide input if there are proposed changes to the definition of “primary security” for use in the Principle-Based Reserving Implementation Task Force’s development of the proposed XXX/AXXX Reinsurance Model Regulation
• Announced that the deadline for comments on agenda item 2014-28 (asbestos and environmental reinsurance reporting) is April 30, and May 21 for all other items.  The deadline to submit new items for comment is June 30.
• Discussed the Corporate Governance Working Group memorandum and related comments on reporting redundancies and referred the issue to the Risk-Focused Surveillance Working Group for comment
• Voted to offer 18 new proposals for public comment period ending May 29
• Received comments highlighting that the NAIC Supplemental Health Care Exhibit is different than the U.S. Department of Health and Human Services’ medical loss ratio reporting form used to calculate the actual MLR rebates; there are significant reporting difference, different data and the forms serve different purposes.

 

Group Solvency Issues Working Group

The Group Solvency Issues Working Group met on March 28, during which it:

• Received an update regarding the Own Risk and Solvency Assessment (“ORSA”) pilot project and ORSA regulator training
• Discussed each Working Group member’s plans for introducing legislative changes for 2014 changes to the Insurance Holding Company System Regulatory Act (#440)
• Adopted recommended proposed changes to the Financial Analysis Handbook related to holding company analysis and holding company best practices
• Directed NAIC staff to revise recommended proposed changes to the Financial Analysis Handbook related to supervisory colleges based upon feedback from the Working Group on interested party comments.

 

Receivership and Insolvency Task Force

The Receivership and Insolvency Task Force met on March 29, during which it:

• Adopted the Title Insurance Guaranty Association-Title Insurance Consumer Protection Fund Guideline with a few non-substantive edits.  The Guideline provides legislative language for states that wish to establish a guaranty association for title insurance
• Adopted the report of the Receivership Model Law Working Group, which discussed the Financial Stability Board’s (“FSB’s”) October 2014 Key Attributes of Effective Resolution Regimes for Financial Institutions with respect to the U.S.’s current insurance resolution regime.  The Working Group voted to conduct a survey of states to clearly identify state laws that address certain key attributes and agreed to modify its approach to the ongoing review of receivership laws to consider the key attributes for purposes of:  1) identifying potential areas to improve the U.S. receivership process; and 2) developing comments and recommendations to the FSB for proposed improvements to the key attributes as they relate to insurance.
• Made clarifying edits to the draft and adopted new guidance on guaranty fund expense principles and expectations for the Receiver’s Handbook for Insurance Company Insolvencies
• Heard a presentation from the American Council of Life Insurers on guaranty fund coverage of factored structured settlements.  The Task Force agreed to take comment on the issue of whether the Life and Health Insurance Guaranty Association Model Act (#520) requires further clarifying language to exclude coverage to persons who have purchased structured settlement annuity benefits from the original structured settlement annuity payee.  Comments are due by May 29.
• Heard an update from NAIC staff on states enacting receivership legislation that would exempt Federal Home Loan Bank (“FHLB”) transactions from stay and voidable preference provisions in state law.  In total, 39 states responded to a survey conducted by NAIC staff that asked if states had enacted such legislation and, if so, if the state had performed any analysis of changes in borrowings or collateral requirements.  Only 10 states have enacted legislation, and one state had legislation pending.  Only one state with enacted legislation reported any analysis performed indicating no changes in FHLB borrowing for its domestics.
• Received an update from NAIC staff that the 2015 edition of the Directory of Receivership and Run-off Resources is available as a free download from the NAIC.  The 2015 edition of the Receiver’s Handbook for Insurance Company Insolvencies will be available soon also as a free download from the NAIC.

 

Reinsurance Task Force

The Reinsurance Task Force met on March 29, during which members discussed a referral from the Valuation of Securities Task Force on the meaning and intent of the phrase “Securities Listed by the Securities Valuation Office” in Model #785.

 

Risk Retention Group Task Force

The Risk Retention Group Task Force met on March 28, during which members:

• Instructed NAIC staff to draft a comment letter to the Financial Regulation Standards and Accreditation Committee stating its opinion that the Corporate Governance Annual Disclosure Model Act (#305) and the Corporate Governance Annual Disclosure Model Regulation (#306) should not be required for risk retention groups (“RRGs”) for accreditation purposes and explained the reasons therefore, including the Model Risk Retention Act‘s (#705) corporate governance provisions
• Instructed NAIC staff to draft a comment letter to the Financial Regulation Standards and Accreditation Committee stating its opinion that the 2014 revisions to the Annual Financial Reporting Model Regulation (#205) should not be required for RRGs for accreditation purposes and explained the reasons why
• Instructed NAIC staff to draft a comment letter to the Financial Regulation Standards and Accreditation Committee stating its opinion that the 2014 revisions to the Insurance Holding Company System Regulatory Act (#440) would likely never apply to an RRG, inasmuch as it would not fit the definition of an “internationally active insurance group”
• Discussed the reference to “captive” RRGs in the Review Team Guideline within the financial analysis procedure that is specific to RRGs
• Discussed that the Model Risk Retention Act (#705) should apply to both RRGs organized under a state’s captive statutes, as well as those organized under a state’s property and casualty statutes

 

Financial Regulation Standards and Accreditation Committee

The Financial Regulation Standards and Accreditation Committee met on March 28, during which members:

• Voted to offer for a 30-day comment period the recommendation from the Corporate Governance Working Group that the Corporate Governance Annual Disclosure Model Act (#305) and the Corporate Governance Annual Disclosure Model Regulation (#306) be considered for inclusion as a new Part A: Laws and Regulations accreditation standard
• Voted to offer for a 30-day comment period the 2014 revisions to the Annual Financial Reporting Model Regulation (#205) related to internal audit function requirements
• Voted to offer for a 30-day comment period the 2014 revisions to the Insurance Holding Company System Regulatory Act (#440) related to group-wide supervision of internationally active insurance groups
• Adopted immediately by reference revisions made during 2014 to NAIC publications that are required for accreditation purposes (e.g., the Accounting Practices and Procedures Manual) that were deemed insignificant.
• Voted to release significant revisions identified by the Financial Examiners Handbook Technical Group and the Risk-Focused Surveillance Working Group and the associated revisions to the Review Team Guidelines for a 30-day public comment period
• Discussed the Risk Management and Own Risk Solvency Assessment Model Act (#505) as a possible addition to the accreditation standards and the one related comment letter received
• Voted to make a referral to the Principle-Based Reserving Implementation Task Force to reconsider which sections of the 2009 revisions to the Standard Valuation Law (#820) should be considered required for Part A accreditation purposes
• Discussed the referral received from the Valuation of Securities Task Force related to the recalibration project on state investment laws and decided it will be discussed further at a future meeting
• Adopted the referral, effective immediately, received from the Financial Analysis Handbook Working Group related to analysis procedures specific to transactions with captive insurers and special purpose vehicles that assume business written in accordance with the Valuation of Life Insurance Policies Model Regulation (#830) (commonly referred to as “Regulation XXX”) and Actuarial Guidelines XXXVIII-Application of the Valuation of Life Insurance Policies Model Regulation (AG 38)
• Received a status report on the states’ implementation of the revised Credit for Reinsurance Model Law (#785) and Credit for Reinsurance Model Regulation (#786). The Committee also discussed uniformity of the states’ adoption of certified reinsurer provisions
• Discussed the proposed Preamble that would include in the scope of the Accreditation Program captive insurers and special purpose vehicles that assume business written in accordance with Regulation XXX, Regulation AXXX, variable annuities valued under Actuarial Guidelines XLIII-CARVM for Variable Annuities (AG 43) and long-term care insurance valued under the Health Insurance Reserves Model Regulation (#10). The Committee discussed comments received and instructed NAIC staff to revise the Preamble to clarify that these are the only type of captives (other than risk retention groups) to be included in the scope of the Accreditation Program.

 

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