The Future of Insurance Regulation in the United States

The Future of Insurance Regulation in the United States
Author: Martin F. Grace
Publisher: Rowman & Littlefield
Total Pages: 244
Release: 2009-12-01
Genre: Business & Economics
ISBN: 0815703864

A Brookings Institution Press and Georgia State University publication Important changes have buffeted the insurance industry over the past decade. The 1999 repeal of key provisions of the Glass-Steagall Act unleashed a wave of conglomeration in financial services, as bank holding companies acquired insurance and securities businesses and, to a much lesser degree, insurance companies acquired securities firms and banks. Rivalry within the sector has intensified: insurance companies have developed products that compete directly with the offerings of banks and securities firms and vice versa. In addition, the industry has become increasingly global. Against this backdrop, pressure has been building for fundamental changes to the structure of insurance regulation in the United States. Despite several court challenges over the years, insurance continues to be regulated by the states. Many insurance companies view state regulation as an increasing drag on their efficiency and competitiveness and support a federal regulatory system. However, powerful stakeholders, including state officials, state and regional insurance companies, and many insurance agents, oppose federal regulation. As a result, proposals to establish an optional federal charter (OFC) for insurance companies and agents remain mired in fierce debate. The Future of Insurance Regulation in the United States gathers some of the country's leading experts on financial regulation to assess the case for an enhanced federal role in the insurance sector. They pay particular attention to the merits of an OFC and how it might be designed. They also consider the principles that should guide insurance regulatory policies, regardless of the institutional framework, and examine the implications of financial convergence and the internationalization of insurance markets for an optimal regulatory structure. The debate over insurance regulation has only grown in complexity and intensity since the financial crisis began in the fall of 2008. This book will both inform and help to shape those critical discussions. Contributors: John A. Cooke (International Financial Services London), Robert Detlefsen (National Association of Mutual Insurance Companies), Martin F. Grace (Georgia State University), Robert W. Klein (Georgia State University), Robert E. Litan (Ewing Marion Kauffman Foundation and Brookings Institution), Phil O’Connor (PROactive Strategies), Hal S. Scott (Harvard Law School), Harold D. Skipper (Georgia State University), Peter J. Wallison (American Enterprise Institute).

Insurance Regulation in North America

Insurance Regulation in North America
Author: Bradly J. Condon
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2003-01-01
Genre: Law
ISBN: 9041122265

The intersection of insurance regulation and trade agreements is of obvious significance to international competitiveness and, thereby, to national welfare. Yet until this masterful study the subject has remained virtually unexplored. Insurance Regulation in North America, far from merely addressing this important area of theory and practice, superbly balances a world of detailed analysis and commentary with deeply insightful interpretation and debate. The book's focus on insurance regulation in three countries allows the authors to approach the subject in an extraordinary depth that could not be achieved in a more global account. In the course of their treatment the authors offer the reader the following invaluable insights, among many others:analysis of the political dimension of reaching agreements and of implementing them;comparison of the three major trade agreements that apply in the North American insurance market'NAFTA, WTO agreements on financial services, and MEUFTA (the Mexico-European Union Free Trade Agreement)'with emphasis on the relationship between GATS and NAFTA principles;investigation of the clear convergence of regulatory schemes and the probable limits to harmonization;discussion of the arbitrage by which companies get around regulatory restrictions and exploit opportunities created by loopholes;clarification of the crucial issues surrounding the role of customary international law principles in investor protection obligations;discussion of the level of government and which government agencies a company must turn to in order to satisfy legal requirements;analysis of the jurisprudence of the Supreme Court of Mexico regarding legal effects of treaties on domestic law;commentary on the effects of demutualization and of mergers and acquisitions;discussion of the effect of the entrenchment of U.S. State regulations and the federal government's lack of clear power to force State compliance; anddescription of dispute settlement procedures between governments. Although important issues arising in each of the three countries are all covered, there is an emphasis on the Mexican market in recognition of Mexico's greater future growth potential and of the relative paucity of relevant literature in English. Major case studies that reveal processes of compliance or conflict are analyzed in detail. For insurance professionals'lawyers, business executives, and policymakers'who want to understand what international trade agreements contain, how they work, and how they affect domestic insurance regulation and business strategy in what is rapidly becoming a global market for insurance and other financial services, this book is a gold mine. Scholars and academics in insurance law and international economic law will also find here a fresh new treatise of great significance.

The Political Economy of Regulation

The Political Economy of Regulation
Author: Kenneth J. Meier
Publisher: State University of New York Press
Total Pages: 252
Release: 1988-07-08
Genre: Political Science
ISBN: 1438412746

This is the first comprehensive study of the history, politics, and economics of the insurance industry in the United States. It is designed as a theoretical challenge to the conventional wisdom in political economy which says that regulation benefits the regulated. In fact, Meier shows that because the insurance industry is far too divided to impose its will on the regulatory system, the political economy of regulation is actually the product of a complex interaction of industry interests, consumer groups, insurance regulations, and political elites. Using both historical and quantitative approaches, the author examines a variety of insurance issues including the development of insurance regulation; the impact of regulation on the availability and price of insurance; the stringency of state regulation; and the product liability insurance crisis of 1985-86. The book concludes with a series of recommendations for reforming the regulation of insurance.

Modernizing Insurance Regulation

Modernizing Insurance Regulation
Author: John H. Biggs
Publisher: Wiley
Total Pages: 0
Release: 2014-04-21
Genre: Business & Economics
ISBN: 9781118758717

The future of the insurance regulation begins now For those involved with the insurance industry, from investment professionals to policy makers, and regulators to legislators, tremendous change is coming. With insurance premiums constituting an ever-growing portion of annual U.S. GDP and provisions of the Dodd-Frank Act specifically calling for modernization of insurance regulations, the issues at hand are pervasive. In Modernizing Insurance Regulation, these issues are described against a backdrop of the political and industry discussions that surround insurance, regulation, and systemic risk. Experts Viral V. Acharya and Matthew Richardson discuss a variety of issues with top thinkers in the fields of finance, derivatives, credit risk, and banking to bring to light the most germane elements of this ongoing discussion. In Modernizing Insurance Regulation, Acharya and Richardson call on the expertise of all the relevant stakeholders within government, academia, and industry to offer a well-rounded and independent view of insurance regulation and how the evolution of this key industry affects the U.S. economy now and in the future. Provides an overview of the feasibility of maintaining a state-level regulatory structure Offers a view of the issues from top academics, industry leaders, and state regulators Explores the debate surrounding the insurance industry and systemic risk Provides an in-depth look at upcoming changes under the Dodd-Frank Act Modernizing Insurance Regulation provides a look into the crucial changes coming to insurance regulation and an overview of how those changes will affect almost everyone.

Regulation

Regulation
Author: Jerry Brito
Publisher: Mercatus Center at George Mason University
Total Pages: 128
Release: 2012-08-13
Genre: Law
ISBN: 0983607737

Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.

Living Originalism

Living Originalism
Author: Jack M. Balkin
Publisher: Harvard University Press
Total Pages: 481
Release: 2011-11-29
Genre: Law
ISBN: 0674063031

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Underwritten States

Underwritten States
Author: Hannah Atlee Farber
Publisher:
Total Pages: 271
Release: 2014
Genre:
ISBN:

This dissertation argues that the United States owed much of its early success, as well as certain aspects of its identity, to the marine insurance companies that began to form in American port cities after the ratification of the Constitution. When the American states chartered insurance companies as "corporations and bodies politic," they granted these companies new legal privileges. Insurance companies, however, were built around older bodies of organized capital and commercial information. Marine insurance was an age-old financial practice that ordered and disciplined merchant commerce. It functioned, in fact, as one of the key governance mechanisms of what we can understand as a polity of merchants, bound together more broadly by the set of customs, ideas, and technologies known as lex mercatoria, the law-merchant. This polity of merchants predated the United States by centuries; its relationship with governments was by turns antagonistic and complementary. As the early modern English state expanded its support for merchant commerce and the lucrative business of marine insurance, the polity of merchants increasingly came to be articulated through the state's new institutions. The American states chartered more than one hundred insurance companies between the ratification of the federal Constitution and the end of the Napoleonic Wars. These incorporations did not signify the full assimilation of commercial wealth into the republic. Rather, the new insurance companies became the leaders of a highly capitalized and coordinated American insurance sector that retained its capacity for independent action. In fact, insurers' legally secured status at home enabled them to shore up their control over American commerce overseas, establishing themselves anew as governors of the polity of merchants. At the same time, American insurance companies developed deep and mutually beneficial relationships with the other new American bodies politic, particularly the state-chartered banks and the federal government itself. The relationships among insurance companies, banks, and government, I argue, formed the core of a new American political economy. For insurers, securing a place in the United States was a cultural project as well as a legal and economic one. Through the deliberate efforts of company leaders, as well as through the productions of contemporary mapmakers, biographers, and fiction writers, the first generation of financial corporations came to be seen as a group of stable and patriotic institutions. This cultural entrenchment of the polity of merchants shaped public understandings not only of the American financial sector but also of the national project as a whole. The relationship between marine insurers and the federal government set the terms for American experiences in the French Revolutionary and Napoleonic Wars. Insurers provided significant capital and information resources to the government, though they did so largely on their own terms. Insurers, uniquely, were perceived to stand both inside and outside the republic: they were celebrated as bulwarks of American commerce, but also respected as independent and objective assessors of American commercial security. When the Napoleonic Wars ended, and the existential threat to American trade subsided, insurers' political influence diminished. However, the project of establishing a workable body of American commercial law was just beginning. The importance of this project extended beyond the handful of American port cities dominated by commerce and insurance: the intellectual framework of nineteenth-century American nationalism itself was developed by lawyers immersed in the logic of lex mercatoria. Rather than viewing insurance as a response to risk in general, or as a mechanism for the accumulation of capital, this dissertation understands marine insurance first and foremost as a form of governance. American marine insurers, in particular, held unique political authority during the French Revolutionary and Napoleonic Wars. Throughout this period, American insurers remained as mercantile as they were American; they made markets, and they made states.

The Affordable Care Act

The Affordable Care Act
Author: Tamara Thompson
Publisher: Greenhaven Publishing LLC
Total Pages: 130
Release: 2014-12-02
Genre: Young Adult Nonfiction
ISBN: 0737776196

The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.