National Alliance of Life Companies
An Association of Life & Health Insurance Companies
The voice of small and mid-sized life insurance companies

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PO Box 50053
Sarasota, Florida  34232
Telephone:  941-379-6100
Fax:   941-379-6112

 

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June Edition

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Inside this Issue

A Letter from the Executive Director

NALC Highlights

NAIC Focus

NCOIL Notes

News from the States

On the National Front

Industry News

Calendar of Industry Events


NALC Highlights

Save the Date!
2011 Fall Conference

September 21 - 23, 2011
Hotel Park City. Park City, Utah

Complete conference information will be available on the NALC website at http://www.nalc.net/conference/registration.htm

Coming soon:

  • Online Registration
  • Conference Schedule
  • Sponsorship Opportunities
  • Hotel Reservation Form

New NALC Members

The NALC welcomes the following new associate members.

Brookfield Investment Management

Brookfield Investment Management Inc. is a global investment manager focused on specialized equity and fixed income securities investments. The firm is a subsidiary of Brookfield Asset Management, a leading global asset manager with over $100 billion in assets under management as of March 31, 2011 and over 100 years of experience in the property, power, and infrastructure industries. The combination of access to this operational experience along with the breadth of our product offerings and depth of our investment teams provides enhanced opportunity for investment.

Brookfield Investment Management is an SEC registered investment advisor and with its affiliates had approximately $23 billion in assets under management as of March 31, 2011. Headquartered in New York, the firm maintains offices and investment teams in Chicago, Boston, London, Hong Kong, Sydney, and Toronto.

Chase and Walls, LLP

      Charles M. Walls, Attorney
      100 Chestnut St., #208
      Abilene, TX 79602
      Phone: 325-673-3745 Fax: 325-676-1408

Morris Manning & Martin

      Chris Petersen, Attorney
      1600 Atlanta Financial Center
      3343 Peachtree Road, NE
      Atlanta, GA 30326
      Phone: 404-233-7000 Fax: 404-365-9532
      http://www.mmmlaw.com 

Morris, Manning & Martin is well-known for its exceptional practice in the insurance industry. Our lawyers possess in-depth industry knowledge and experience with navigating complex insurance regulations and practices. Carriers, reinsurers and alternative risk ventures across the U.S. make it their policy to engage the industry-focused Insurance & Reinsurance Practice of Morris, Manning & Martin.

Our Firm and lawyers possess a keen understanding of our clients’ businesses and the sectors in which they operate. Legal solutions are delivered by industry-focused, diverse, involved lawyers who are dedicated to their clients’ success, whether in a transaction, in court or in the everyday course of business.

We distinguish ourselves from other firms by offering our clients leading resources in many disciplines. Our breadth of practice enables us to handle the most complex matters and solve our clients' problems as a seamless team.


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NAIC Focus

NAIC Elects New Secretary-Treasurer

Special Interim Election Held to Replace McRaith
Members of the National Association of Insurance Commissioners (NAIC) held a special plenary meeting via conference call to elect a new Secretary-Treasurer. The interim election was convened to replace Illinois Insurance Director Michael T. McRaith, who was selected in March to lead the Federal Insurance Office in Washington, D.C.

Members elected North Dakota Insurance Commissioner Adam Hamm to the position. He assumed Secretary-Treasurer duties on May 31, 2011. "It is an honor and a privilege to be elected by my peers to serve as an officer of this association," said Hamm. "I look forward to working together on the many issues we face as insurance regulators."

Hamm was appointed North Dakota Insurance Commissioner in October 2007 and was elected to a four-year term in November 2008. He currently serves as Chair of the NAIC Life Insurance and Annuities Committee, Vice Chair of the Midwest Zone and Chair of the Principles-Based Reserving Working Group. Prior to becoming commissioner, he served as a prosecutor for the Cass County State's Attorney's office. Hamm also worked as an attorney in private practice specializing in commercial litigation, administrative agency law and transportation law. Hamm is a graduate of Sam Houston State University and received his Juris Doctorate degree from the University of North Dakota School of Law in 1998.

Regulators Review Life Insurance Payment Practices

Working through the NAIC, state regulators have formed a special task force to help coordinate regulatory investigations involving the claim settlement practices of life insurance companies. Specifically, insurance regulators have been investigating a number of large life insurance companies regarding the possible failure to pay death benefits to beneficiaries of life insurance policies. The alleged practices include use of the Social Security Administration’s Death Master File by insurers for purposes of terminating payments under annuity contracts, but failing to use this same information to facilitate the payment of claims on life insurance policies.

Members of the newly created task force include California, Florida (chair), Illinois, Iowa, Louisiana, New Hampshire, New Jersey, North Dakota, Pennsylvania and West Virginia.

To date, the NAIC task force is coordinating with both the Florida Office of Insurance Regulation and the California Department of Insurance to conduct two joint public hearings to review industry claims settlement practices. Below is information on each scheduled hearing:


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NCOIL Notes

2011 Summer Meeting

NCOIL will hold its 2011 Summer Meeting July 14-17, 2011, at the Marriott Newport, Newport, Rhode Island.


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News from the States

Former American Physicians Capital CEO Named Mich. Commissioner

Kevin Clinton, an East Lansing, Mich.-based insurance executive, has been appointed the state's new commissioner for the Office of Financial Insurance Regulation.

Pete Kuhnmuench, executive director of the Insurance Institute of Michigan, said he was "very, very pleased" with the appointment of Clinton, special adviser at the Office of Financial Insurance Regulation and former president and chief executive officer of East Lansing-based American Physicians Capital Inc., a physicians' medical professional liability insurance provider, according to a biography released by the Michigan Governor's Office. In 2010, he led a successful merger between AP Capital and the Doctors Group.

Early in his career, Clinton worked for the state's Insurance Bureau, which is now part of the Office of Financial and Insurance Regulation.

Clinton's "first priority is to make sure consumers are protected by making sure financial institutions are sound," Gov. Rick Snyder said in a statement, noting Clinton will play a key role in helping to bring jobs to the state. "He will also lead our effort to eliminate burdensome regulations that are preventing the industry from growing." said Snyder, a Republican. "More insurance companies doing business in the state means more jobs, more competition among insurance companies and banks, and better rates for consumers."

Clinton is taking over as commissioner for Ken Ross, who announced last week he would be stepping down after three years as the top insurance regulator in Michigan.

Ross' resignation, which went into effect on April 15, came as Snyder's administration announced the formation of an advisory committee to recommend changes in insurance and finance rules and regulations, part of a statewide initiative by the new Office of Regulatory Reinvention.

Lawsky Confirmed as NY Superintendent

Benjamin Lawsky, New York Gov. Andrew Cuomo's pick to head the newly formed Department of Financial Services, has been unanimously confirmed by the State Senate. Lawsky, who had been Cuomo's chief of staff, will take over as superintendent immediately. His confirmation moved swiftly through the Senate. He was nominated just last week.

The Department of Financial Services was created earlier this year by merging the State Banking Department and the State Department of Insurance as part of the 2011-12 budget. Cuomo proposed combining the Banking and Insurance departments as part of a plan to cut costs and streamline regulatory systems. He assigned state agencies part of the blame for a poor response to the financial crisis and said a combined department will be better equipped to regulate modern financial services entities.

Lawsky has served in a number of government positions prior to his newest assignment. In addition to serving as the governor's chief of staff, Lawsky served as then-Attorney General Cuomo's deputy counselor and special assistant.

Lawsky will be joined at the Department of Financial Services by former Superintendent for the State Insurance Department James Wrynn. In the new department, Wrynn will serve as deputy superintendent.


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On the National Front

Insurance Chair Says Federal Charter Off Docket in 112th Congress

Optional federal charter legislation will not come to a vote in the current Congress, according to the chairwoman of the U.S. House subcommittee that oversees insurance issues.

An OFC bill will not be an issue for the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity this term, said Rep. Judy Biggert, R-Ill. Consideration of a federal charter also does not appear on the full committee's oversight plan for the 112th Congress. The subcommittee's agenda is focused on reauthorizing and reforming the National Flood Insurance Program and Dodd-Frank oversight, she said.

"In terms of the insurance sector, our subcommittee is focused on monitoring the establishment of the Federal Insurance Office and the activities of Financial Stability Oversight Counsel, and working to ensure that our regulatory system promotes stability and U.S. economic competitiveness," Biggert said through a spokesman.

A sponsor of the National Insurance Consumer Protection Act in the last Congress, Rep. Ed Royce, R-Calif., still plans to introduce a bill at some point, spokeswoman Audra McGeorge said. Royce lost his primary Democratic partner when Melissa Bean of Illinois lost her re-election campaign. Royce subsequently lost a challenge for leadership of the full Financial Services Committee to Rep. Spencer Bachus, R-Ala.

The Financial Services Committee will have its hands full with focusing on Dodd-Frank implementation and possible revisions, said Leigh Ann Pusey, president and chief executive officer of the American Insurance Association, a leading proponent of past OFC efforts. "I think that there is less appetite on the heels of such huge historic reform," she said.

Another strong OFC backer, the American Council of Life Insurers, is "reviewing the state of insurance regulation in the wake of Dodd-Frank with our members," spokesman Whit Cornman said. "In the near term, the ACLI's top priority is ensuring that the implementation of Dodd-Frank as it affects life insurers is appropriate to our industry and does not result in application of bank-centric regulatory concepts to life insurance companies," he said.

Allstate, which has long supported OFC movements, is holding out hope for consideration of a bill in 2012. A report due early that year on the efficacy of state insurance regulation, to be created by the Dodd-Frank-created Federal Insurance Office, could be the impetus, said William Vainisi, Allstate's vice president and deputy general counsel.


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Last modified: January 31, 2012