WASHINGTON–Insurance companies would have to state clearly on their policies' front page what their policies don't cover under legislation introduced last week in the Senate.

Introduction of the bill by Sens. Trent Lott, R-Miss., and Mark Dayton, D-Minn., came under immediate criticism from an insurance trade group.

Sen. Lott has been at odds with the industry since Hurricane Katrina, which heavily damaged his home and saw him clash with his carrier over the claim. He filed suit against his insurer, State Farm, last December.

The bill was attacked as “unnecessary and misguided” by David Winston, senior vice president, federal affairs for the National Association of Mutual Insurance Companies.

“The federal government should not preempt regulation of the business of insurance that has historically been the sole responsibility of the states,” he said.

“Sens. Dayton and Lott should let their state officials do their jobs and respect state authority over insurance regulation,” Mr. Winston added.

In introducing the legislation, Sen. Lott said, “Providing a simple, plain English explanation of what insurance policies cover is a welcome service to insurers and consumers alike.”

He added, “It will foster more trust and communication and help minimize problems when disaster hits. Given our experience in the aftermath of Hurricane Katrina, Mississippians will be particularly pleased with provisions requiring more candid disclosure by insurance companies.”

The senator lost his home in Pascagoula, Miss., when Hurricane Katrina tore through the area in late August 2005. Sen. Lott said his losses totaled around $400,000 after taking flood insurance into account–roughly half of his net worth.

Sen. Lott is suing to have his home insurer, State Farm, pay his remaining loss, which the carrier is denying on the grounds that it involves flood damage, which is excluded by policy language.

At the time, a spokesman for State Farm said it could not comment on the litigation, but noted that “we handle each claim on its own merits and we pay what we owe according to the contract.”

In criticizing the bill, Mr. Winston argued that the states “have done a very good job in mandating all necessary and proper disclosures to assure that policyholders understand all of the terms, coverages and limitations of homeowners' policies.

“If further disclosures are needed, state officials should address this issue,” he said. “To the extent that policies include technical legal terminology, it reflects insurers' need to protect themselves against lawsuits filed on technical grounds.”

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