On the Level
Issue:  2010-12-14

Wishes Can Come True!

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Recently, I was cleaning out my files and I left some back issues of the Insurance Advocate out on my table at home. Now, while I admit I enjoy having my articles published in The Advocate, friends and other readers know my biggest source of pride is my grandchildren. So, you can imagine my delight when my grandson came into the room and found my article and picture in a magazine. “Grandpa,” he exclaimed, wide-eyed with excitement, “you’re famous!” Suddenly, every back issue of this magazine becomes precious. I think I might start keeping them in the bank—because my grandson’s thrill is worth more than gold to me.

While reviewing the back issues, I came across a column I wrote in January 2008. In that edition, I reflected on my wish list for the New Year. I was interested to see which of my wishes came true. First, I wished that the New York Giants would win the Super Bowl. I’m pleased to remind anyone interested that the Giants defeated the Patriots, 17 to14. Plaxico Burress caught a touchdown pass with 35 seconds left and Eli Manning was named MVP. There’s more good news: Of my other wishes, the majority have come true, at least to some extent, even though it took nearly three years to accomplish some of them. My 2008 list included permanency for the New York Property Insurance Underwriting Association; protection of our commission agreements; resolution of some problems caused by New York’s workers’ comp. reform; an increase in auto surcharge thresholds for our clients, and an improved coastal homeowners market (including consistent windstorm deductibles). With the exception of that last item, each of these wishes was granted. In fact, NYPIUA gained permanency that very year.

The attack on our commission agreements has gone away. And though the entire industry continues the bitter struggle against the unfair compensation disclosure regulation imposed on Main Street agents, at least courts have declared contingency commissions fair and legal forms of compensation, and New York has shifted its focus away from those agreements. We finally achieved an increase in the threshold on premium surcharges for auto damage. PIANY fought for this improvement for years, and thanks to a grassroots campaign by member agents throughout the state, the bill passed into law this summer and a new threshold of $2000 went into effect this past Thanksgiving weekend. This is big relief for drivers in New York, who have suffered oppressive surcharges for minimal damage for far too long. Inflation alone justified raising the threshold, which was last increased in 1991from $600 to $1,000.

New York’s workers’ compensation reform, enacted in 2007, caused inadvertent but serious problems for employers in our neighboring states. Readers will remember that the Workers’ Comp. Board added a sentence stating that employers involved with Section 57 employment must be in compliance with the requirement to maintain item 3A insurance coverage. That meant if a worker from another state got hurt and his or her employer had failed to fulfill requirements under Worker’s Compensation Law Section 57, the employer faced hefty penalties. The week before Thanksgiving, the Workers’ Comp Board issued Subject No. 046-454, providing exemptions for out-of-state employers having incidental or temporary work in New York. Out-of-state employers who have Item 3.C. coverage now will be in compliance with New York’s insurance requirements (and not subject to enforcement penalties), as long as the employer satisfies temporary status. New York’s requirements still are more restrictive than many surrounding states, but the change in enforcement standards is a welcome improvement for employers conducting incidental and temporary work in New York.

I suppose there’s a lesson to be learned here: Just as patience and perseverance are necessary to win to the Super Bowl; these same virtues (and several years of work) are the keys to affecting change in Albany. I still have one elusive wish for improvements to the coastal homeowners market. At the top of those improvements is a common trigger to activate windstorm and hurricane deductibles. Action may be near on this goal—the New York State Insurance Department floated a draft regulation to standardize these triggers.

We had a rude awakening this past March on Long Island, when a sudden unnamed storm blew in. I have to give credit to the vast majority of insurance companies—they responded quickly and claims were paid. However, one carrier stands in mind that refused to pay any of the claims. The New York State Insurance Department is investigating the problem and I give the Department credit for both acting on behalf of the state’s consumers and agents and for announcing their support for the imposition of critically needed reforms to the coastal homeowners’ marketplace. But still, no matter how great the majority of the companies were during this most recent storm, a major hurricane could have meant economic disaster for the insuring public and their agents. We must push for this issue again in 2011, and I know its on the top of PIA’s legislative agenda for 2011. There’s no doubt that insurance companies and their lobbyists will flood (excuse the pun) Albany to tell them how bad this regulation would be if we change to a common trigger. This past spring, Peter Resnick and I testified at a joint Senate and Assembly hearing on coastal issues. A couple of company lobbyists argued against the common trigger, claiming that it could be a disaster for the insurance carriers. What surprised me was that the back of the room was full of insurance lobbyists—everyone I know who works in the industry—and, except for the two who spoke, they all remained silent on the subject. (Somehow, I didn’t take their silence for agreement.) Regardless of opposition, it’s an important, but uphill battle we face. If you are filling out a wish list this holiday season, make sure you put standardized windstorm deductibles on it! Rest assured it’s on mine.

I wish for all of my friends and family in the industry a happy holiday season, a harder market and a prosperous New Year. At this time of the year, I give thanks to all of you who have expressed good wishes— it’s great to hear from friends and hear the kind things you say about my articles— those comments make it worth writing. Your comments make this job so rewarding.

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