Read AA&B's March 2009 article on East Coast Coverage!
Connecticut Last year, Connecticut launched its C-MAP coastal market assistance program, administered by the state FAIR plan. C-MAP was created by insurance companies writing business in the state under authorization of the Connecticut DOI. However, soft market competition has made availability less of a problem in the state and C-MAP hasn't seen much activity, said Ellen Kiehl, senior research analyst, PIA of New York, Connecticut, New Hampshire and New Jersey.

Connecticut Insurance Commissioner Thomas R. Sullivan has a background with the Hartford (as senior vice president of its Specialty Risk Services LLC division) and is very consumer oriented.

Most recently, insurance trade groups including the American Insurance Assn. (AIA) and the Property Casualty Insurers Assn. of America (PCI) called on Connecticut's Insurance and Real Estate Committee to reject S.B. 763, which would allow a new private cause of action for unfair claim settlement practices without having to show a general business practice on the part of an insurer. AIA maintains that the state's current unfair insurance practices act already provides adequate consumer protection.

Delaware A budget deficit and a struggling tourism industry are two factors that have made Delaware a tougher state for insurance agents to do business than usual. Like most East Coast states, Delaware is seeing product availability and lower premiums due to the soft market, said Mary Rowland, vice president and manager of personal lines of Willis-Delaware. "In general, agencies have a harder time meeting production requirements, there is a lot of availability and pricing is very competitive," she said. However, in specialty areas, such as D&O, there are some signs of a hardening, related to insurance issues and financial issues of 2008 that are continuing into 2009. This year, Delaware is facing a budget deficit, along with declines in houses built and sold, and the tourism industry. As a coastal state, Delaware's economy depends on tourism, especially in Sussex County on the Atlantic Coast, where many people from nearby states go to retire. Sussex County has been one of the fastest growing counties in the United States. The state of the economy is having its effect on growth. However, there is a silver lining. Due to Delaware's proximity to Philadelphia, Baltimore and Washington, D.C., many retirees choose to move from the cities to Delaware to enjoy their later years. As a result, the state's over-65 population is expected to grow by 65 percent, Rowland said, while the rest of the country is supposed to double. "A lot of people move here and retire, and with some forward thinking, the healthcare industry will grow and jobs will be available," Rowland said. Insurers also would do well to take advantage of the many commercial opportunities in Delaware. Delaware's flexible corporate laws, court of chancery and business-friendly regulatory environment means more than 850,000 business entities have their legal homes there. In terms of legislation, the state passed a workers' comp modernization bill last year, which will lower costs. With only 860,000 residents, Delaware is a challenging state for retail agents to grab enough market share from the direct writers, Rowland said. Top companies writing auto insurance in the state include Nationwide and State Farm (with each writing about 20 percent of the market) and Progressive (10 percent). For homeowner's insurance, State Farm and Nationwide dominate the market. Commercial lines offer a larger choice: Travelers, Hartford, Selective, Zurich, CNA and regional insurer Westfield, among others.
Georgia Though there has been a slight firming of rates in Georgia, the market is still not hard, according to Aubie W. Knight, CIC, associate executive director of the Independent Agents of Georgia. "It's really interesting right now because although companies are trying to increase rates, it's an unprecedented time because the rating basis of most companies is decreasing," Knight said. "If you are talking about general liability, sales are not what they were. So even though the rates may be a little higher, we are still in what appears to the consumer to be a soft market because you have an overall decrease in premium." Knight also said the recession has hit Atlanta hard, though it struck later than in many other places in the United States. He noted that though the insurance industry is more recession-proof than most, agents and brokers that dealt heavily in construction are now struggling. Since Atlanta is such a high-growth area, there was a lot of construction going on, but now that has incurred a tremendous slowdown: Construction insurers are concerned whether their top two or three customers are even going to be able to stay in business, Knight said. Since Atlanta is still a growing area, the state's economy is predicted to bounce back faster than the rest of the nation. Atlanta also is a huge convention city, which brings in new hospitality businesses–15 new hotels and 45 new restaurants have recently opened in the area. Knight said that Georgia has a healthy insurance market from a regulatory and legislative standpoint–there are no major legislative issues that would impact the insurance industry in 2009. Georgia attracts most major carriers, including Travelers, Hartford and Safeco, and regional carriers including Cincinnati Insurance, he said. Though there is some coastal exposure in the Savannah, Brunswick and St. Thomas areas, it has been more than 100 years since the Georgia coast has taken a direct hit by a hurricane. Despite this, Knight said that Georgia still faces availability and pricing issues in its coastal areas, though not near the extent that states like Florida do. According to the U.S. News and World Report, the University of Georgia has the No. 2 insurance/risk management program in the country. "Georgia State also has a well-respected insurance program," Knight said. "We do have a pool of young people that are graduating from insurance programs, but it is still runs short of what it is needed to fill lower positions."

Maine
With a long coastline and several islands, Maine presents the typical East Coast problem of property exposures, said Gary Blackwell, state national director to PIA for Maine Insurance Agents Assn. And although his agency is located inland, it's still a problem when trying to place and price business, commercial and personal coverage on the coast or on one of the islands. "Today there is very good availability and no problem with pricing, except for coastal and island," he said. Blackwell cited several domestic/regional insurers in the state, including Patrons Oxford Mutual and Maine Mutual Group, Acadia, Concord Group, Patriot Mutual, Peerless, MiddleOak, Union Mutual, Vermont Mutual. The agency also writes with national insurers including Hartford, Chubb, Farmers, Foremost, Hanover, Progressive, Travelers and Zurich. Maine's main industries are fishing, farming, logging/lumbering/paper mills and tourism. General market conditions in the state aren't much different from the rest of the country, characterized by soft markets except for a hint of hardening in homeowners. "I have experienced soft markets before in my 27 years in the business, but this is the first time I can remember it being soft on both sides of the house, both commercial and personal," Blackwell said. "Couple this with a groaning economy, and it makes things challenging
for agents." It's also a challenge to try and guess what's going to happen next on the regulatory front. "We have the threat of federal regulation looming over our heads and I think this battle is only heating up," he said. "On a state level, there is uncertainty as well. Maine's overseeing legislative committee, Insurance and Financial Services, has a new makeup with a new chair and new members creating many unknowns. I understand there are many bills to be put on the floor this year and as the deadline for filing them arrives we should know more." Heading up the Insurance and Financial Services (IFS) committee is Senator Peter B. Bowman (D), and Rep. Sharon Anglin Treat (D). Bills expected to be referred to the IFS committee this year include:
o An act to require the disclosure of insurance policy limits to an injured party
o An act to amend the laws regarding uninsured motor vehicle coverage
o An act to increase mandatory minimum insurance requirements for vehicles for hire
o An act to amend the law governing property insurance on a primary residence
o An act to require insurers to pay the insured value of the contents of a primary residence
o An act to ensure adequate insurance coverage for child day care providers
o An act to require that insurance contracts include a plain language summary
o An act to ensure that construction workers are protected by workers' compensation

New Hampshire
In the recent past, New Hampshire has dealt with legislative issues including a credit-based insurance scoring bill, which has already had a hearing, said Paul Tetrault, Northeast state affairs manager for the National Association of Mutual Insurance Companies (NAMIC). The state is also considering a ban on using education as rating factors. The issue has already been debated in Florida and New Jersey, and neither state has adopted a legislative ban. Another issue is recent legislative reform to the state's workers' compensation laws, which now require some subcontractors to be included for workers' comp benefits on construction work contracts, said Stanley H. Pollack, CIC, president of the PIA of New Hampshire and owner of The Pollack Insurance Agency, Londonderry, N.H. This is an added headache for his agency, which writes a lot of construction business in the region. "It's hard for independent agents to deal with this requirement; we have to advise our contractors to carry workers' comp, but that costs money and small contractors can't afford it, especially in this economy," he said. Pollack, whose agency writes throughout the New England region, hasn't seen any signs yet of a hardening market except in the construction industry. The agency specializes in niches such as blasting contractors and horse farms along with Main Street commercial and personal lines coverage. Much of this business is underwritten by regional insurers such as Preferred Mutual, Peerless, Commerce, Mt. Washington and MiddleOak, as well as nationals such as Travelers, Progressive, Bristol West and Farmers. The New Hampshire economy is hurting from the building slump, although the state has not seen the level of home foreclosures that some areas of the country have, Pollack said. "Industries like Hewlett-Packard and Fidelity have been laying off a lot of people, many of them executives who had good incomes and were spending lots of money," he said. He believes it will eventually have an effect on the economy in the state. However, New Hampshire, with its lack of income or sales taxes, is "still a very good state to do business in," he said.

New Jersey
The main thing that has improved in recent years in New Jersey is its auto market, which underwent significant reform in the early 1990s. Effective Jan. 1, 2009, the state is dropping its take-all-comers requirements as a result of the new competitive market, said Ellen Kiehl. New companies have come in, rates have gone down, and the market has turned around. "Homeowners coverage within 5 miles of the coast have become an issue," said Steve Reichman, executive vice president of NIA Group and past president of PIANJ. Some insurers have done blanket nonrenewals in the state's coastal areas, and some barrier island exposures are insurable only through the surplus lines market. As far as rates hardening, Reichman isn't seeing it yet. "We just lost one of our biggest accounts, a plumbing contractor, because it moved to a carrier that was more competitive," he said. "Competition is still cutthroat, especially in personal lines. Geico is still relatively new in New Jersey and we're losing a lot of market share. I keep hearing that the market is hardening, but do not see a lot of indication that it actually is. Normally a soft market means the economy is on an upswing. This market is a disconnect as to why it's so soft." Business now is very difficult in the region, a combination of a soft market reducing pricing and a bad economy, which means payrolls and sales are reduced, affecting premiums in a downward way so there's a double whammy. New Jersey is known for its strong pharmaceutical industry, but this is business for the alphabet houses. "You really have to work on your relationships. Try and make your client a part of your circle of friends. Worst case scenario, they'll give you a last shot at the business," he said. New Jersey does not have a beach plan but its Wind Map operates in the voluntary market to assist homeowners in coastal regions obtain coverage.

Pennsylvania
Away from the coastline, coverage availability is stable, although there is still no sign of stiffening of underwriting guidelines or classifications, said J. Stuart Patterson, president of Preston-Patterson Co. in Conshohocken, Pa. The agency, which is licensed in 46 states, writes most of its business in southeastern Pennsylvania, although it writes niche business across the U.S. "Our carriers are trying to price increases of between 3 and 5 percent on renewals, but usually have to scale that back to retain the account, and the insurers are still very aggressive on new business." The agency's top markets are Hartford, Ohio Casualty, Chubb, Travelers and Fireman's Fund. However, the agency does write a "decent amount" of coastal dwelling in New Jersey and Florida, and is seeing a broad availability of excess flood coverage with premiums dropping. "The main issue we have in Pennsylvania is that our tort liability laws are poorly written in favor of the plaintiff," he said. "The plaintiffs basically have no risk in filing a suit for any alleged negligence. Business owners and insurance companies are fighting an uphill and losing battle."

Rhode Island
"For the past 18 to 24 months, I've been saying that in my more than 35-year insurance career, I've never seen a market like this one, where there is consistent downward pressure on all rates in all areas," said Robert B. Loiselle, president of Loiselle Insurance Agency, Pawtucket, R.I. "It makes no difference if it is a simple auto policy, home policy, Main Street BOP, medium-size commercial or large commercial–the pressure is for lower rates across the board. It is also perhaps a bit more exaggerated here in Rhode Island, where we have a flat to declining population and very little truly new economic activity." Rhode Island's current unemployment rate is more than 10 percent, "and our personal and corporate taxes are burdensome," he said. Financial services are a significant employer in the state, and are obviously taking their share of hits in the current economic climate. Loiselle's agency, located in an urban area of the state, mostly writes Main Street business in Rhode Island and holds licenses in Massachusetts, Connecticut and New Hampshire. The agency's primary companies are Peerless/Safeco (Liberty Agency Markets Group), Quincy Mutual, Progressive, Travelers and Providence Mutual.

One of the preeminent insurance issues in Rhode Island relates to auto body repair, said Paul Tetrault, Northeast state affairs manager for NAMIC. The legislature recently passed a bill requiring insurers to conduct a rate survey on pricing for all the auto body shops they are licensed with in the state. Last year, in a case brought by auto body shop industry, a state superior court ruled that insurers must base their labor rates on the results of these surveys. The decision is being appealed to the state Supreme Court and will continue to be an active issue in the state, Tetrault said. Rhode Island recently passed coastal legislation that requires insurers to adhere to a trigger point when applying hurricane deductibles, limiting them to a certain time period when the National Weather Service has issued a hurricane warning. There may be an attempt to pass additional legislation adjusting the trigger, Tetrault said. Virginia "Virginia has not been as affected by the recession as much as the rest of the nation, largely due to the proximity of the state to Washington, D.C. and the amount of defense spending in the state," said Robert N. Bradshaw, Jr., MAM, president and CEO of the Independent Insurance Agents of Virginia (IIAV). The state's unemployment rate hit 5.2 percent in December 2008, according to the Virginia Employment Commission. And while this number is higher than it has been in 13 years, it is still significantly lower than the national average. Besides defense spending and other government-related industries, shipbuilding is an industry unique to Virginia, and Bradshaw said that the high-tech industry is also prevalent. Bradshaw said that the market is hardening a little bit and should continue to do so in 2009. Coastal coverage is a problem in Virginia, though not as big of an issue compared with states like Florida. "Virginia has not had a hurricane directly hit our coast in quite some time, but it's still difficult to find coastal markets in some areas," Bradshaw said. He also mentioned the unique market that the number of military forts in the state presents–everything from the soldiers' homes, cars and the soldiers themselves must be insured. "There is a huge community that grows out of any military area," Bradshaw said. "The economy of these areas is also doing pretty well." On the legislative and regulatory front, there are more than 10 bills addressing the cost of health insurance. One of these is based on a John McCain proposal that promotes purchasing health insurance in different states. This strategy poses two problems: Insurance could be sold by people who do not have a license to sell health insurance, and if there are problems with a policy, the Virginia Bureau of Insurance could not help, Bradshaw said. Another bill is related to when an insurer can remove itself from a risk in terms of foreclosure. Currently, a company cannot get off a risk in foreclosure until the policy is canceled or the policy expires. The IIAV supports the bill to change this, and Bradshaw said it is moving forward. Another important bill addresses insurance companies that want to cancel insurance policies via e-mail. IIAV had the bill amended to state if a company has an agreement to communicate electronically with the customer and there is an agent of record, the agent of record needs to be notified of that agreement. In addition, if the customer is canceled, the company must notify the agent of record. Bradshaw said that their amendment has prevailed so far.

Washington, D.C.
Washington, D.C. is not feeling as much economic pain as the rest of the country, according to William Simons III, CPCU, CLU, president of Rust Insurance Agency LLC. "Inside the Beltway–the interstate that surrounds the city–I haven't seen much of a decline," Simons said. "The city is pretty insulated. The government keeps things rolling, and they are one institution that is actually hiring people." However, he noted that the economy outside the Beltway–an area where much of the economy is based on construction and home-building–is mirroring the rest of the country. A unique industry to Washington, D.C. is nonprofit associations, which are Rust Insurance's specialty in D.C., Maryland and Virginia. "Almost every kind of industry has some kind of lobbying group looking out for their interest, and they are headquartered here or in a neighboring area," Simons said. As far as any major legislation, Simons said there is nothing pending, and he doesn't see signs of hardening rates yet. "It's pretty soft–flat is as good as it gets." One distinctive coverage problem in Washington, D.C. is terrorism, since the area will always be deemed a target. Simons said that in 2002 to 2005, his agency had serious problems procuring terrorism coverage within two miles of the National Mall. Though the problem has decreased with no recent attacks, it is still present. Simons said that though he has recently met some young people that are interested in the insurance industry, there isn't a huge pool of young talent waiting in line to get in the insurance business in Washington, D.C. "It's a great industry, but we haven't done a good enough job of selling insurance as an interesting career," Simons said. "We are stereotyped as boring and young people get turned off."

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