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Chapter 6: Regulation
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Why Regulate Businesses? zMarket failure zPublic choice zCapture theory
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Why Regulate Insurance? zDestructive competition zPublic interest (information asymmetries)
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Insurance regulation - goals zFair prices and fair contracts zSolvency zMake insurance available / affordable
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Availability and affordability zInsurance capacity zCycles in profitability and surplus zEconomic feasibility zWhat is “affordable?”
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History of insurance regulation zPaul vs Virginia (1869) zMcCarran Ferguson Act yLimited exemption from Sherman Act yState regulation
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Some features of insurance regulation zState regulation yLegislative yJudicial yExecutive (Insurance Commissioners) zNAIC
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Proposition 103 zRate roll back zNeed for a fair rate of return zCan territory determine rates?
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Areas regulated zFormation and Licensing zAnnual and quarterly reports zInsolvency funds and early detection z Rate regulation z Financial regulation (Investments, Reserves) z Policy forms z Sales practices
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Life Insurance Rate Regulation zRate regulation is indirect zLaws may specify mortality tables and interest rate assumptions for reserving zDisclosure requirement regarding standardized cost indexes and dividends
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Property-Liability Rate Regulation zPrior approval zFile and use zUse and file zFlex rating (price range established) zOpen competition
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Sales Practices Regulation zLicensing of agents zRebating zTwisting
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