Records of Meeting- 1 -July 15, 1998
Governing Committee
RECORDS OF MEETING
GOVERNING COMMITTEE
A meeting of the Governing Committee of the Commonwealth Automobile Reinsurers was held at the offices of CAR, 100 Summer Street, Boston on-
WEDNESDAY, JULY 15, 1998 AT 10:00 A.M.
The following members were present -
Mr. Sumner D. Gilman - Chairman
Economy Insurance Agency, Inc.
Ms. Nancy Z. BenderNancy Z. Bender Insurance Agency, Inc.
Mr. Charles I. Boynton, IIIBoynton Insurance Agency, Inc.
Mr. Richard W. BrewerArbella Mutual Insurance Company
Mr. Andrew J. CarpentierCNA Insurance Company
Mr. Edward F. Downey, Jr.Edward F. Downey Insurance Agency
Mr. Joseph J. GiblinLiberty Mutual Insurance Group
Mr. Robert W. HarveyMetropolitan P&C Insurance Company
Mr. William F. Hofmann, IIIProvider Insurance Group, Inc.
Mr. J. Barry MayHanover Insurance Company
Ms. Nanci S. PetersGeorge Peters Insurance Agency
Mr. Thomas K. RandallMassWest Insurance Company
Mr. Arthur J. Remillard, Jr.The Commerce Insurance Group
Also present were -
Commonwealth Automobile Reinsurers
Mr. R. A. Iannaco President
Mr. M. J. Trovato Executive Vice President and Treasurer
Mr. D. I. Jewell Administrative Vice President and Secretary
Mr. J. J. Maher, Jr.Vice President and General Counsel
Commonwealth Automobile Reinsurers (continued)
Mr. Paul Ryan Vice President and Chief Information Officer
Mr. Frank Underhill Vice President-Auditing
Ms. Valerie Gedziun Vice President - Claims
Mr. J. D. Metcalfe Administrative Manager Mr. Paul Corsetti Director of Communications
Mr. Timothy Costain Servicing Carrier Coordinator
Ms. Wendy Browne Data Operations Manager
Ms. Susan BasilescoFinancial Manager
Ms. Cheryl StandrowiczUnderwriting Department
Mr. Donald Bergamasco Audit Manager
Ms. Sharon Schorge Manager of Actuarial & Statistical Services
Ms. Natalie HubleyStatistical Manager
Ms. Jennifer Vieira Statistical Department
Mr. Douglas Shetterly Actuarial Department
Mr. Jason Burns Actuarial Department
Mr. Timothy Galligan Actuarial Department
Ms. Kim Tobin Administrative Assistant
Also present were –
Mr. Joseph S. Mulkern Massachusetts Division of Insurance
Mr. Daniel Judson
Robert W. Mahoney, Esq.Hale and Dorr
Mr. Leonard Fisher Attorney
Peter T. Robertson, Esq Law Offices of Peter T. Robertson .
Mr. Frank O’BrienAlliance of American Insurers
Ms. Cleo Anderson AMICA Mutual Insurance Company
Mr. Robert Suglia
Mr. Ted EatonArbella Insurance Group
Mr. James Fleming Berkshire Mutual Insurance Company
Mr. Charles BranstromCGU Insurance Companies
Ms. Annie Schuster
Mr. Michael RoweCommonwealth Mutual Insurance Company
Ms. Susan Flaherty
Mr. Norman A. WalczakElectric Insurance Company
Mr. Quentin MilesEmpire Insurance Agency
Ms. Doreen Carter Empire Insurance Company
Mr. Ed Colomey
Mr. Richard Harris
Ms. Nicki Colosi FullingFireman’s Fund Insurance Company
Mr. William CahillHanover Insurance Company
Mr. David J. Lane Hastings-Tapley Insurance Agency
Ms. Erin SchaafHorace Mann Insurance Company
Ms. Kathy Geromini-KarpeISI Systems
Mr. Chris MahoneyInsurance Times Mr. James Materson Liberty Mutual Insurance Company
Mr. David Richards
Mr. Frank Mancini Massachusetts Association of Insurance Agents
Mr. James J. Moran, Jr. Morrison, Mahoney & Miller
Mr. Barry TagenPilgrim Insurance Company
Mr. Ed Walleston
Mr. John Delano
Mr. Geoffrey Arnold Plymouth Rock Insurance Company
Mr. Bert LaChance
Mr. Steve PacePolicy Management Systems Corporation
Ms. Kathleen Devericks Premier Insurance Company Ms. Susan Scott
Michaela HildrithPrice Waterhouse Coopers
Mr. Edward Patrick Safety Insurance Company
Mr. Eoin Cannon The Standard
Governing Committee Chairman Sumner Gilman called the meeting to order at 10:00 a.m.
CAR Rule 4, E requires that no meeting of the Governing Committee should be held with less than ten days notice unless at least eight members waive the Notice requirement, further that the waiver shall be entered into the minutes of the meeting.
A motion was made by Mr. Andrew Carpentier and duly seconded by Mr. William Hofmann to waive the 10-day Notice of Meeting for the Governing Committee, as provided for in CAR Rule 4, E.
The motion passed on a unanimous vote.
Chairman Gilman announced that the Commissioner of Insurance has reappointed the following Governing Committee members to six-year terms; Mr. Richard Brewer, Arbella Mutual Insurance Company, and Ms. Nanci Peters and Mr. Sumner Gilman as agent representatives. In addition, the Commissioner of Insurance also appointed to six-year terms two new company members to the Committee; Mr. Robert Harvey, Metropolitan P&C Insurance Company and Mr. J. Barry May, Hanover Insurance Company.
98.1MINUTES OF PREVIOUS MEETING
A motion was made by Mr. Richard Brewer and duly seconded by Mr. Charles Boynton to accept the Records of the Governing Committee meeting of April 15, 1998.
The motion passed on a unanimous vote.
98.5COUNSEL’S REPORT
Mr. Joseph Maher reported that the CIGNA Group is seeking a transfer of their commercial Servicing Carrier appointment from the Insurance Company of North America to Bankers Standard Insurance Company.
Mr. Iannaco reported that Mr. Dana Jewell, Administrative Vice President, has been in contact with Bankers Standard Insurance Company to coordinate the transfer of the Servicing Carrier appointment of the CIGNA Group from the Insurance Company of North America to the Bankers Standard Insurance Company. The Bankers Standard Insurance Company has advised that it will use the employees and systems employed by the Insurance Company of North America in its capacity as a Servicing Carrier. Staff is satisfied that Bankers Standard Insurance Company meets all the requirements for appointment as a CAR Servicing Carrier and is recommending Bankers Standard Insurance Company be approved as the CIGNA Group commercial Servicing Carrier effective October 1, 1998.
A motion was made by Mr. Arthur Remillard and duly seconded by Mr. Joseph Giblin to approve the appointment of Bankers Standard Insurance Company as a CAR commercial Servicing Carrier effective October 1, 1998.
The motion passed on a unanimous vote.
Continuing, Mr. Maher reported that a status report on the strategies being used in the litigation pending between Trust Insurance Company and the Commissioner of Insurance and CAR relative to the subscription methodology governing the appointment of Exclusive Representative Producers, would be an appropriate topic for discussion in Executive Session.
Continuing, Mr. Maher reported that CAR has been approached by a Risk Retention Group seeking to have CAR issue to it a “company code number” for the purposes of certifying motor vehicle registrations. Mr. Maher noted that this matter has a potential for litigation and would be an appropriate topic for discussion in Executive Session to hear advice of counsel.
98.6MARKET REVIEW COMMITTEE
Mr. Charles Boynton reporting on the Market Review Committee meeting of May 13, 1998 submitted the following for the Governing Committee’s consideration.
The Market Review Committee continued the appeal of the Citywide Insurance Agency relative to the insuring of taxicab business. Following lengthy and involved testimony from both parties, the Committee voted unanimously to continue the matter for 45-days and directed the parties to attempt to resolve their differences and report back to the Committee with the results of their efforts.
The Market Review Committee voted unanimously to grant postponement for a third time the appeal of the Financial Associates Insurance Agency Inc. vs. Commerce Insurance Company as a result of the withdrawal from the case of the agency’s attorney. The Market Review Committee noted that there will be no further postponements granted.
The Market Review Committee considered the appeal of the A-Affordable Insurance Agency contesting the actions of the Amica Insurance Company refusing to support an additional office location in a non-market need location. After extensive discussion relating to the concept of market need and its applicability to the establishment of additional offices by ERP’s, the Committee voted with nine in favor and seven opposed to uphold the appeal and directed Amica to support the agency’s new office in Malden. The Committee also voted to establish a Subcommittee to review the concept of market need and CAR Rules relating to it. The Committee further voted to recommend to the Governing Committee, that until the Subcommittee has completed its appointed task and made recommendations it feels are appropriate, there be a moratorium placed on ERP’s establishing additional office locations.
After some discussion, a motion was made by Mr. Thomas Randall and duly seconded by Mr. Richard Brewer to adopt the Market Review Committee’s recommendation that a moratorium be placed on ERP’s establishing additional office locations until the Subcommittee has completed its appointed task and has presented its recommendation to the Governing Committee.
The motion passed on a unanimous vote.
The Market Review Committee at its meeting of June 18, 1998 considered the Prestige Insurance Agency’s appeal of its termination as an ERP by the Commerce Insurance Company for violations of CAR Rule 13, B, 3, f, and Paragraph VII-a of the Producer Agreement, “Failure to remit payments to a Servicing Carrier on a timely bases.” The Committee, based on extenuating circumstances involving family members of the owner of the agency, granted the Prestige Insurance Agency a six-month probationary period to demonstrate proper agency accounting practices as well as its ability to comply with CAR Rules.
The Financial Associates Insurance Agency, Inc. appealed the termination of its ERP appointment by Commerce for; “Violations of the conditions set forth in the Servicing Carrier contract as respects the handling of payments by the insured”, “Failure to report all coverages within two working days”, “Failure to comply with reasonable procedures as supplied by the Servicing Carrier for processing claims” and “Failure to properly order endorsements”. The Committee voted to deny the appeal based on the broad scope and large number of violations documented by Commerce.
98.6MARKET REVIEW COMMITTEE (Continued)
The All Risk Insurance Agency of Swansea appealed the termination of its commercial ERP appointment with Middlesex for failure to develop and maintain a minimum book of business. The Committee voted to deny the appeal based on an apparent lack of market need as evidenced by the agency’s small amount of commercial automobile business.
The Market Review Committee continued its discussion of the commission dispute between the Shuman Agency and Trust Insurance Company. Due to the inability of Shuman Agency and Trust Insurance Company to resolve the commission issues, the Committee voted to request the parties to provide supporting documentation to CAR and submit to an arbitration process to be overseen by CAR President Iannaco. Both parties indicated their agreement to submit the matter as such to arbitrary process. The Committee felt that this initiative by CAR staff was an innovative approach that would not only afford parties an opportunity to reach an amicable settlement of differences but could result in significant cost savings by reducing the need for multiple committee meetings involving a particularly complicated and contentious dispute between the parties.
The Market Review Committee heard a report on the activities of the Ad Hoc Market Review Subcommittee meetings of June 18 and July 9, 1998 relative to the Subcommittee’s examination of CAR Rules relating to ERP’s operating from multiple locations. It was agreed that Mr. Cochrane, Commerce Insurance Company, would work with CAR Staff in developing potential alternatives to current market need criteria. At its meeting of July 9, 1998, the Subcommittee discussed a series of alternatives to current market need criteria. The Subcommittee directed CAR Staff to bulletin the industry to solicit ideas and proposals on market need. (See attached.) Staff was also asked to develop data comparisons of alternative market criteria based on proposals from the industry as well as by CAR Staff for the Subcommittee’s next meeting.
Continuing Mr. Boynton reported the Market Review Committee granted one-year extensions to obtain the minimum number of vehicles to the following agencies:
Sushila Lull/Commercial Union Insurance Company
McNiff & Smith & Financial Services, Inc./Trust Insurance Company
Hayes Insurance Agency/Trust Insurance Company
Roseann Preston Insurance Agency/Trust Insurance Company
The Records of the Market Review Committee meetings of May 13 and June 18, 1998 have been distributed and are on file with CAR’s Secretary.
98.7CLAIMS ADVISORY COMMITTEE
Ms. Kathleen Devericks reporting on the Claims Advisory Committee meeting of June 3, 1998 noted the Automobile Damage Appraiser’s Licensing Board Subcommittee incorporated some of the industry’s recommendation into their advisory rule regarding sales tax on paint and materials. The final ruling will eliminate mark up on paint and material costs. The Committee expressed concern with the Board’s reliance on the Mitchell guide as the published guide for paint and material, which is higher than other methods of pricing. The Subcommittee voted 13 in favor and 1 opposed to conduct a survey comparing the various methods and report back to the full Committee at its next meeting.
98.7CLAIMS ADVISORY COMMITTEE (Continued)
Continuing, Ms. Devericks advised that in response to a question regarding the authority of the Appraiser’s Licensing Board, Mr. Maher indicated that the enabling statue for the Licensing Board is M.G.L. Chapter 26 Section 8F and that the Board has the authority to adopt rules and regulations governing licenses in the manner provided under Chapter 30A. The Board does have the authority to promulgate its own rules and regulations as to the approved auto damage report form and the manner in which it is utilized, but must do so in a manner consistent with the provisions of Chapter 30A.
Continuing, Ms. Devericks reported on the hearing that was held at the Division of Insurance regarding the proposed changes to the Performance Standards. The hearing was held at the request of the Independent Property Casualty Insurers of Massachusetts who were challenging the proposed changes to Appendex A. CAR Standards for Servicing Carriers’ Special Investigative Units. The Commissioner of Insurance has since accepted the revised stipulated language and on June 3, 1998 approved the changes to the Performance Standards.
Continuing, Ms. Devericks reported that following Governing Committee approval in February 1997, a recommendation was made to the SDIP Task Force to eliminate the requirement for reporting comprehensive claims to the Merit Rating Board. CAR President Iannaco advised the Committee that the Task Force continued to require the reporting of comprehensive claims to the Merit Rating Board as it was a requirement of the statute. He also noted that the Fraud Bureau may have relied on this information. It was agreed that the Committee should confirm with their SIU personnel the value of the information and to have Staff confer with the Fraud Bureau and report their findings at the next meeting.
Continuing, Ms. Devericks reported that 561 industry claims personnel attended this year’s Cost Containment Seminars.
In conclusion, Ms. Devericks reported that the Records of the Claims Advisory Meeting of June 3, 1998 have been distributed and are on file with CAR’s Secretary.
98.8OPERATIONS COMMITTEE
Ms. Wendy Browne reporting on the Operations Committee meeting of May 20, 1998 indicated that the Committee, based on the fact that member companies should be accountable for the data they report, regardless of timeframes, denied Middlesex Insurance Company’s appeal of a $300 statistical plan penalty.
Continuing, Ms. Browne reported that the Operations Committee at its meeting of March 18, 1998, directed CAR Staff to perform an historical analysis of cession backdate appeals presented to the Committee in order to determine the significance of current backdate procedures. Based on their discussion, the Committee believes that the current procedures are appropriate and made no recommendations for change. However, since previous history is an important factor, a summary exhibit of prior cession backdate appeals will be provided to the committee with every appeal.
Continuing, Ms. Browne reported that the Committee was updated regarding discussion of the N.A.I.C. and ISO and other industry representatives concerning the modified definition of allocated vs. unallocated loss adjustment expenses. Based on their discussion, CAR will maintain the existing ALAE and ULAE definitions as outlined in the Statistical Plans.
98.8OPERATIONS COMMITTEE (Continued)
Continuing, Ms. Browne reported that in reviewing loss reporting, specifically as it relates to claim ID, the Statistical Subcommittee agreed consistent claimant identification across the liability and PIP sublines is required to satisfy all statistical and rate making functions. However, consistency within the Physical Damage subline is not required. The rewritten statistical plans will clarify this reporting requirement.
In conclusion, Ms. Browne reported that the Records of the Operations Committee meetings of March 18 and May 20, 1998 have been distributed and are on file with CAR’s Secretary.
98.11ACTUARIAL COMMITTEE
Mr. Arthur Remillard reporting on the Actuarial Committee meeting of June 4, 1998 stated that both USAA and Middlesex having been previously granted relief from their ERP oversubscription, were now at the 110% subscription level.
Continuing, Mr. Remillard reported that CNA submitted a letter concerning the Code 3 weighting factor indicating its support to eliminate the weighting factor. Attorney Ovrut, representing Norfolk & Dedham, also agreed with CNA’s recommendation to eliminate the weighting factor. After some discussion, the Committee unanimously voted to recommend to the Governing Committee to eliminate the 1.2 weighting factor effective August 1, 1998.
A motion was made by Mr. Arthur Remillard and duly seconded by Mr. Joseph Giblin to eliminate the 1.2 weighting factor effective August 1, 1998.
The motion passed on a unanimous vote.
Continuing, Mr. Remillard reported that the Committee agreed not to change the 1999 K-factor value from the 1998 K-factor value of 4.0 unless a proposal and recommendation is presented to the Committee. The data analyzing private passenger excluded classes and miscellaneous private passenger classifications are expected to be available at the next meeting. The Committee agreed to wait until the data becomes available before making any decisions on these two issues.
Continuing, Mr. Remillard reported that indications for the private passenger 1999 Rule 12 credit offer would be available by the end of June. Mr. Remillard noted a Subcommittee was established to review the 1999 credit indications. In addition, Plymouth Rock was asked to present information on SDIP credits to the Subcommittee at the next meeting to assist in its investigation whether credits should be offered for SDIP Steps.
Concluding, Mr. Remillard reported that the Records of the Actuarial Committee meetings of March 17 and June 4, 1998 have been distributed and are on file with CAR’s Secretary.