One Angry Man
Our Lott in life includes a loud
megaphone and decrying liars, knaves, pirates and rascals. It may
be forgotten a decade from now. Or maybe not.
Watching Sen. Trent Lott, R-Miss., tear into the
“outrageous, arrogant and mean-spirited” insurance
industry in a recent Senate Commerce Committee hearing, I was
reminded of another industry critic with a megaphone. Fourteen
years ago, it was Rep. John Dingell, D-Mich., then chairman of
the House Energy and Commerce Committee, decrying the
industry’s “liars, knaves, pirates and
rascals.”
With the advantage of hindsight, it is clear that Dingell did
justice to the industry and its regulators. Carefully dissecting
the criminality and ensuing regulatory negligence surrounding
several carrier failures, Dingell made the case that solvency was
paramount and that the 50-plus state regulatory regime was poorly
equipped to assure it. He pioneered the first legislative
proposal to create an optional federal charter for insurers,
brokers and agents. Just as today, that proposal drives a wedge
into the industry, with larger companies and producers generally
favoring it and the smaller players fervently opposed.
The target of Lott’s outrage is different: The
“robber barons” of the industry, he believes,
unjustly denied claims stemming from Hurricane Katrina. Unlike
Dingell’s rifle-shot effort on solvency, Lott has a
shotgun, and he’s aiming it every which way. (No, I
won’t make a Dick Cheney joke here.) In a now-famous call
last year to the head of the National Association of Mutual
Insurance Companies (one of whose members is State Farm), Lott
said he was going to dedicate his next term of office toward
“bringing down State Farm and the industry.”
Lott has filed or co-sponsored multiple bills to punish the
industry, including repeal of the industry’s
McCarran-Ferguson antitrust immunity; a bill requiring insurers
to put a cover sheet on every policy form indicating what is and
isn’t covered; and another bill to require insurers to
track flooded “Katrina cars.” He also plans to fight
renewal of the federal terrorism reinsurance backstop. Perhaps
more importantly, as a member of the Senate Finance Committee,
he’s said to be looking at ways to increase insurers’
taxes.
It would be fascinating to look into a crystal ball to see
whether 14 years from now the furor turns out as bad as it looks
today.
At the same time that Dingell was digging deep on solvency and
regulatory reform, his then-colleague Rep. Jack Brooks, D-Texas,
chairman of the House Judiciary Committee, was pressing a bill to
repeal McCarran, an effort that fizzled when Brooks and House
Democratic control went down in flames in 1994.
The issue has returned with a vengeance. While many national
carriers would gladly give up antitrust immunity in exchange for
an optional federal regulator, the Lott bill (introduced in both
the House and Senate) would superimpose Federal Trade Commission
and Justice Department oversight on top of state regulation.
The bad news for the industry on McCarran is that opponents
enjoy the rhetorical edge. Why shouldn’t the insurance
industry be subject to the same scrutiny as every other industry?
As convinced as I am that the limited immunity is
pro-competition, I’ve yet to hear 30-second sound bites as
good.
The good news for the industry is that McCarran repeal/reform
is a quagmire, with multiple committees of jurisdiction in both
chambers and numerous legislative challenges. My bet is that many
of my lobbyist colleagues will make their bonuses this year not
for anything they got enacted, but for what they stalled.
I believe the nasty coastal debate (aside from broker comp,
the most difficult I’ve experienced in public policy) is
more likely to negatively affect the things we’re trying to
get done, as opposed to resulting in new bad things being
enacted. When we look back a decade from now, will it have
galvanized, or dampened, the debate over creating an optional
federal regulator consistent with the dual banking regulatory
structure?
I could argue the politics either way. For the most part, I
think this is a terrible environment for the industry to seek
preemption of state laws that—justified or not—were
enacted in the name of consumer protection. But the environment
is highly combustible.
|