Personal Finance Tips

The market for insurance in the US is somewhat very different from the other world. In most every other line of business, companies are allowed to compete with each other across state lines. This helps to keep pricing to lower levels and the quality of the product to higher levels and protect the consumer. But unfortunetaly the insurance industry is licensed and regulated state-by-state. There’s no such thing as a federal insurance policy. You have to buy a policy written by a company licensed in the state where you live. This is slightly frustrating because, if you live near the border, your friends and colleagues at work probably tell you how little they pay or complain you have the better deals. Either way, it’s not very fair. Worse, the companies often decide not to set up in all fifty states, but pick and choose where they will operate. The result is that many states only have a small number of licensed insurance companies. Because there is no real competition, their premium rates tend to be high. This produces a big political divide. In Republican states, this is the free market at work and no intervention is necessary.

If you do not like this, move to another state which has lower rates. In Democratic states, there is more interest in protecting consumer interests. Some states have intervened in their local markets to introduce “managed competition”. Needless to say, this has outraged the insurance industry and the insurance agents who survive on the commission earned from the insurers. There have been heated debates between the lawmakers. Where the local Department or Office of Insurance has produced new rules, they have been referred to the local courts. Who would have thought helping millions of average people to save money on their premium rates would produce so much heat.

Anyway, the latest state to surface in this national debate is Massachusetts. In some ways, this state differs because of the dominance of the local agents who handle about 80% of the insurance business. Agents have more to lose if the markets are opened up to competition. Not surprisingly, they have been the fastest to the courts in the fight to protect their business. We have just had the decision of the Massachusetts Supreme Court on two rule changes made by the state’s Insurance Commissioner Nonnie Burnes. Let’s start with the effect of the move to open up the state to competition. Before the rule changes, there were nineteen insurers writing auto insurance policies. Twelve more companies have now entered the markets. In most cases, premium rates have been stable as insurers cut their costs and accepted a reduced profit. But agents have been hit because the opportunities to earn commission have been reduced.

The Massachusetts Supreme Court has supported the reforms, finding the effect of managed competition is sufficiently beneficial that it should represent the prevailing public policy in the state. Put another way, the judges think the many consumers should pay less rather than the few corporate officers and stockholders earn excessive profits. Because one of the agent’s automatic rights to a commission has disappeared, they will be looking to recover their losses in other ways. There are two morals to this story. The first is that, if you want to find cheap car insurance, support the lawmakers in those states who promise to introduce more competition into the car insurance market. Secondly, always get your auto insurance quotes through a site like this and avoid agents who earn commission.

Insurance is a slightly nonstandard business in that all the major regulatory functions are left to the individual US states. Federal government has decided to abandon its normal role as the regulator of business to protect the consumers’ rights. Such regulation as does exist is down to the political climate in each state and the will of the lawmakers to take on the economic power of the insurance industry. That said, all Departments of Insurance start off equal. Their primary function is to license companies to sell insurance in their state. Unlike other businesses, an insurance company is licensed state-by-state. No company can sell a policy across state lines. That means every national insurer must establish separate subsidiaries in each state and each company must hold a license. There are also minimum capital holdings set by the Department to protect the solvency of the local companies. There must always be enough money held by each company to pay out on the claims made. Some states require actual cash to be available. Others have a formula to prove the availability of money as required. But, for the most part, this is historical. The major players established their presence in multiple states years ago and newcomers moving across state lines are rare. In fact, the general lack of competition in state markets gives no incentive for companies to seek new licenses.

Once all the players hold their licenses, the personality of the Commissioners in charge comes to the fore. Many view their role as political either to run the Department with the lowest possible level of regulation or to be an effective watchdog to protect consumer rights. You can tell which way your local Department is run by logging on to your state’s website. Some sites are very pro consumer, offering detailed help and advice on how to buy insurance and get a good deal. But the key test lies in the way complaints are handled. Without exception, all Departments accept complaints from people holding policies. In theory, they should all investigate these complaints and apply a judicial process to decide whether the insurer is at fault and, if so, what the remedy should be. For example, Road Island has just imposed a fine of $5,000 on a leading insurer. Following a traffic accident, the insured wanted the repair work done at his regular auto body shop. This was refused by the insurer because the shop was not on their list of approved body shops. Local regulations drawn up by the RI Department allow the insured a free choice of repair facilities. The fine of $5,000 and publicity for it represents a small penalty in itself. But if there were many such fines, the cumulative bad publicity would damage this insurance company’s reputation and its market share would fall.

The best Departments are completely open about the complaints process, publishing details of the complaints, the identity of the insurance company and whether the complaints were upheld. When you are looking for cheap car insurance, this gives you an excellent guide to all the companies’ performance in selling policies and handling claims. Sadly, the majority of Departments do not identify the bad insurance companies by name. The worst do not publish any useful information about complaints. This leaves you in the dark when looking for cheap car insurance with a reliable company.