NAIC Issues Terror Risk Act Model Forms

By Mark E. Ruquet

NU Online News Service, Nov. 27, 2:10 p.m. EST?The National Association of Insurance Commissioners has issued a model bulletin and disclosure notice for insurers to help them comply with the Terror Insurance Risk Act signed into law yesterday by President George W. Bush.

In a statement, Terri Vaughan, the Kansas City, Mo.-based association president and Iowa Insurance Commissioner, said insurers are under a tight deadline to comply with the act, and the models give them an explanation of their responsibilities and obligations.

The action, NAIC said, followed several days of meetings between regulators and industry representatives.

Those models, available on the NAIC Web site at www.naic.org, lay out the notice regulators would send to insurers and the disclosure forms for policyholders.

The bulletin recognizes that 46 states have allowed some limits on terrorism and five have not. It is intended to address the concerns of all regulators, allowing them to use those sections that they feel apply to them.

The models also contain forms for policyholders to inform them of the act, its premium cost to them, and an agreement to purchase terrorism insurance where it has been excluded.

Though the act took affect yesterday, the Treasury Department still needs to issue regulations on the acts procedures.

Under the act, the U.S. government would cover 90 percent of losses up to $100 billion after a deductible, based on premiums earned, is met.

The deductible schedule rises over the three-year period the legislation will be in force and is based upon total industry losses. Acts of terrorism would be defined by the Secretary of the Treasury, the Secretary of State, and the Attorney General.

The program does not cover acts of domestic terrorism, only acts of those representing the interests of a foreign source.

Ms. Vaughn said the NAIC would continue its consultative role with Treasury on implementation issues.

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