NU Online News Service, Oct. 18, 11:54 a.m.
|A professor of contract law promises to bring his plea forgreater homeowners insurance policy transparency before a committeeof regulators this week--and he is taking his battle to theinsurance media as well.
|Daniel Schwarcz, a professor from the University of MinnesotaLaw School is set to speak before the Property/Casualty Committeeof the NAIC on Wednesday in Orlando.
|In advance of his remarks, he has submitted an opinion piece toNational Underwriter magazine--a rebuttal to an earlier opinion written by Insurance Information InstitutePresident Robert Hartwig that was published in NU's Oct.11, 2010 edition.
|Mr. Hartwig gave the industry response to Mr. Schwarcz'spresentation at the NAIC summer meeting in August, during which theprofessor stated that the traditional homeowners insurance policy is nolonger standardized among carriers.
|In Mr. Schwarcz's rebuttal, which will be published in the Oct.25 edition of the magazine, the consumer advocate clarifies thathe, like Mr. Hartwig, is not calling on regulators to mandate a"one-size-fits-all policy."
|Mr. Schwarcz does, however, suggest that "regulators andlawmakers should at least consider setting a minimum floor forpersonal lines policies" in his written commentary for NationalUnderwriter.
|"Doing this would ensure, as Mr. Hartwig claims (with nosubstantiation), that 'every homeowners policy provides a baselineof essential coverages,'" he writes.
|In addition, Mr. Schwarcz reiterated some of the researchfindings he shared with regulators at the August meeting inSeattle. In particular, he asserted that:
|o Insurers refuse to make their policy forms publicly available,only making them available to consumers after they buycoverage.
|o Regulators generally do not even have complete copies ofpolicy forms in their files.
|o Agents, for the most part, believe that all homeowners policyforms are essentially the same.
|o Insurers using captive agents tend to have the mostunfavorable policy forms.
|The rebuttal calls for greater transparency and readability tocorrect these problems.
|Mr. Schwarcz's complete research paper is publicly available athttp://ssrn.com/abstract=1687909.
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