The long road to personal automobile insurance reform in new jersey march 2006
1 / 16

The Long Road To Personal Automobile Insurance Reform In New Jersey March 2006 - PowerPoint PPT Presentation

  • Uploaded on

The Long Road To Personal Automobile Insurance Reform In New Jersey March 2006 Bernie Flynn Senior Vice President & General Counsel NJM Insurance Group New Jersey Automobile Insurance History – 1970s No-Fault System adopted in 1972

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'The Long Road To Personal Automobile Insurance Reform In New Jersey March 2006' - salena

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
The long road to personal automobile insurance reform in new jersey march 2006 l.jpg

The Long Road To Personal Automobile Insurance Reform In New JerseyMarch 2006

Bernie Flynn

Senior Vice President & General Counsel

NJM Insurance Group

New jersey automobile insurance history 1970s l.jpg
New Jersey Automobile Insurance History – 1970s Jersey

  • No-Fault System adopted in 1972

  • Residual Market/Assigned Risk mechanism grew to cover 1.2 million drivers (one out of every four)

  • Tight regulatory control over rate setting

    • Companies began to exit the market, including GEICO and Nationwide

New jersey automobile insurance history 1980s l.jpg
New Jersey Automobile Insurance History – 1980s Jersey

  • Overburdened Assigned Risk Plan replaced by a Joint Underwriting Association (the “JUA”) in 1982

  • 15 servicing carriers with no risk of loss managed the policies of the JUA

  • JUA drivers were charged voluntary market level rates and it was lucrative for agents to dump risks there

  • By 1988, about 50% of NJ’s drivers (over 2 million) were insured through the JUA and the financial deficit approximated $3.3 billion

The fair automobile insurance reform act of 1990 fair act l.jpg
The Fair Automobile Insurance Reform Act of 1990 (FAIR Act) Jersey

  • Jim Florio elected Governor on the promise of:

    • Getting rid of the JUA

    • Eliminating the $222 per car Residual Market Equalization Charge (RMECs) imposed on all NJ drivers to subsidize the JUA

    • Generally reforming the auto insurance system

The 1990 fair act l.jpg
The 1990 FAIR Act Jersey

  • $3.3 billion deficit paid by:

    • Surcharges and assessments imposed on insurers, hundred of millions which could not be passed through to policyholders

    • Increased Motor Vehicle Fees

    • Assessments on doctors, lawyers and body shops

  • Aggressive depopulation of JUA mandated - 40,000 drivers absorbed into the voluntary market each month for four years.

  • JUA became the Market Transition Facility (MTF) for two years (and ran up an additional $1 billion in debt) until new Assigned Risk Plan implemented (PAIP)

  • Take-All-Comers requirement instituted

  • Insurer Lock-In-Law very restrictive

1997 automobile insurance reform l.jpg
1997 Automobile Insurance Reform Jersey

  • Governor Whitman eliminated the flex rating system instituted by the FAIR Act (which served to keep carriers afloat during the depopulation of the JUA/MTF)

    • Flex rating was replaced by an expedited rating mechanism for increases up to 3% on average – to be implemented by the Department of Insurance regulation

  • Urban Enterprise Zone program mandated – shifted drivers from carriers top heavy with urban risks to carriers which did not have urban market shares equivalent to or higher than their suburban market shares

  • Surcharge programs eliminated, tier rating programs authorized

  • Nonrenewals restricted

1998 automobile insurance reforms automobile insurance cost reduction act aicra l.jpg
1998 Automobile Insurance Reforms – Automobile Insurance Cost Reduction Act (AICRA)

  • AICRA became law on May 19, 1998:

    • Required a mandatory 15% average rate reduction for full coverage policies

    • Authorized the creation of the Office of the Insurance Fraud Prosecutor

    • Set forth a new Verbal Threshold intended to eliminate lawsuits for non-serious, non-permanent injuries

    • Provided for new PIP system permitting utilization review and establishing medical protocols for treatment of common auto injuries

    • Directed that rating territories be redrawn and the 35% cap imposed on certain urban territories be lifted

Auto rate regulation in new jersey strangulation l.jpg
Auto Rate Regulation In New Jersey = Strangulation Cost Reduction Act (AICRA)

  • July 1, 1997 Governor Whitman issued a press release after repealing the flex rate law declaring a “Rate Freeze”

    • From 07/01/97 until 11/06/01

      • Expedited rate making process not adopted by Department

      • 65 prior approval rate filings made

        • 6 average rate decreases approved

        • 4 average rate increases approved

Shock waves l.jpg
Shock Waves Cost Reduction Act (AICRA)

  • April 6, 2001 – Commissioner declared State Farm’s NJ subsidiary to be in hazardous financial condition

    • Largest personal auto writer in NJ with 17% of the market (850,000 insured vehicles) relieved of:

      • Take-All-Comers obligation

      • PAIP assignments

      • UEZ requirements

  • June 12, 2001 – State Farm filed to withdraw from the NJ auto market

  • June 15, 2001 – AIG’s subsidiary (200,000 insured vehicles) followed suit and filed to withdraw

The seeds of change l.jpg
The Seeds of Change Cost Reduction Act (AICRA)

  • November 6, 2001 – Jim McGreevey elected Governor

  • Don Bryan – Acting Commissioner

    • Following election:

      • Necessary prior approval rate increase requests approved

      • Expedited rate regulations finally adopted (up to 3% on average)

  • Holly Bakke appointed Commissioner in early 2002

Momentum for regulatory reform l.jpg
Momentum For Regulatory Reform Cost Reduction Act (AICRA)

  • Commitment by Governmental Leaders to improve market

  • Effective Lobbying and Grass Roots Campaign by Industry

    • Typical political concerns about the price of auto insurance overwhelmed by the inability of many NJ drivers to find coverage

      • Availability crisis dominated the debate

Automobile insurance competition and choice act of 2003 may l.jpg
Automobile Insurance Competition and Choice Act of 2003 (May)

  • Rate Reform

    • Expedited Rate Process expanded from 3% to 7%

    • Relaxation of some Prior Approval requirements

  • Excess Profits made less onerous, but not eliminated

    • Three-year look back period moved to seven years

  • Withdrawal (Lock-In-Law) restrictions loosened

  • Take-All-Comers to be eliminated over a five-year transition period.

Market developments l.jpg
Market Developments (May)

  • Expedited Rate Process working as designed

  • Mercury General enters market – August 2003

    • Credit Scoring permitted for Mercury General immediately – opened to industry use in 2004

  • GEICO enters market – August 2004

  • State Farm begins writing new business – January 2005

  • AIG begins writing new business – 2004/2005

  • Progressive enters market – October 2005

Competition prevails l.jpg
Competition (May)Prevails

Remaining issues l.jpg
Remaining Issues (May)

  • No-Fault Cost Drivers

    • Tight Michigan-like Verbal Threshold weakened by June 2005 NJ Supreme Court decision

    • Since 2001 there has been no Physician PIP Fee Schedule and NJ has never had a Hospital Fee Schedule

      • PIP Medical Costs are out of control

  • The Department continues to impose urban territorial rate caps

    • AICRA of 1998 authorized reform of rating territories – still not implemented

February 27 2006 the newark star ledger l.jpg

February 27, 2006 (May)The Newark Star Ledger

"GEICO's two rates:White-collar and blue-collar"

Legislator vows to ban practice of using

education and occupation to underwrite

and price risks