Records of Meeting- 1 -June 18, 1997
Governing Committee
CORRECTED COPY
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, JUNE 18, 1997 AT 10:00 A.M.
The following Members were present -
Mr. Richard W. BrewerMs. Nancy Z. Bender
Mr. Andrew J. CarpentierMr. Charles I. Boynton, III
Mr. Joseph J. GiblinMr. Edward F. Downey, Jr.
Mr. Robert Cordner*Mr. Sumner D. Gilman
Mr. Arthur J. Remillard, Jr.Mr. William F. Hofmann, III
Mr. Edwin J. RinehimerMs. Nanci S. Peters
*Mr. Robert Cordner substituted for Mr. Robert Gowdy
There were also present -
Commonwealth Automobile Reinsurers
PresidentMr. R. M. LaFontaine
Executive Vice President and TreasurerMr. M. J. Trovato
Administrative Vice President and SecretaryMr. D. I. Jewell
Vice President and General CounselMr. J. J. Maher, Jr.
Vice President and Chief Information OfficerMr. Paul Ryan
Vice President-AuditingMr. Frank Underhill
Vice President-ClaimsMs. Valeri Gedziun
Administrative ManagerMr. J. D. Metcalfe
Director of CommunicationsMr. Paul Corsetti
Commonwealth Automobile Reinsurers (continued)
Servicing Carrier CoordinatorMr. Timothy Costain
Actuarial ManagerMs. Sharon Schorge
Audit ManagerMr. Donald Bergamasco
Data Operations ManagerMs. Wendy Browne
Financial ManagerMs. Susan Basilesco
Underwriting ManagerMs. Pamela Wallace
Actuarial DepartmentMs. Amy Stavros
Audit DepartmentMs. Janet Kopec
Statistical DepartmentMr. Jason Burns
Statistical DepartmentMs. Kristie Burns
Administrative AssistantMs. Nancy Sideri
Massachusetts Division of InsuranceMr. Joseph S. Mulkern
Hale and DorrRobert W. Mahoney, Esq.
AIBMr. Bilal Musharraf
Mr. Michael Meyer
Ms. Kim Scott
AIGMr. Charles T. Cole
AMICA Mutual Insurance CompanyMs. Cleo Anderson
Mr. Robert Suglia
Mr. Ronald Rainier
Arbella Mutual Insurance CompanyMs. Mimi Whitebone
Mr. Ronald Cleaves
Mr. Dennis Morris
Arbitrate ForumsMr. John Wall
AttorneyMr. Leonard Fisher
Berkshire Mutual Insurance CompanyMr. James Fleming
Commerce InsuranceMr. David Cochrane
Electric Insurance CompanyMr. Edward King
Empire Insurance CompanyMr. Edward Colomey
Ms. Doreen Carter
Hanover Insurance CompanyMr. Wayne Howard
Hastings - Tapley Insurance AgencyMr. David J. Lane
Horace Mann Insurance CompanyMs. Erin Schaaf
Insurance TimesMr. Chris Mahoney
ISI SystemsMr. Jay Davis
Law Offices of Gallagher & GallagherOwen Gallagher, Esq.
Law Offices of Peter T. RobertsonPeter T. Robertson, Esq.
Liberty Mutual Insurance CompanyMr. Gary DiGruttola
Mr. David Richards
Massachusetts Association of Independent AgentsMr. Frank Mancini
Massachusetts State RepresentativeMs. Nancy Flavin
Mr. Ronald Mariano
Metropolitan Property & Casualty Co.Mr. Joseph Cofield
New England Fidelity Insurance CompanyMr. James Spear
Ms. Kathleen Capuano
Mr. U. Francis Florian
Office of the Attorney GeneralMs. Victoria Carter
Pilgrim Insurance CompanyMr. John Delano
Mr. Barry Tagen
Plymouth Rock Insurance CompanyMr. Geoffrey Arnold
Ms. Paula Gold
Mr. Bert LaChance
Policy Management Systems Corp.Mr. Steven Pace
Premier InsuranceMs. Susan Scott
Price WaterhouseMr. Alan Hines
Safety Insurance CompanyMr. David Brussard
The StandardMr. Michael Dube
TillinghastMs. Katherine Burns
Mr. Sumner Gilman called the meeting to order at 10:10 a.m. and announced the substitution of Mr. Robert Cordner for Mr. Robert Gowdy. He welcomed and introduced State Representatives, Nancy Flavin, House Chair of the Insurance Committee and Ronald Mariano, Vice Chair of the Insurance Committee.
97.1 MINUTES OF PREVIOUS MEETING
A motion was made by Mr. Richard Brewer and duly seconded by Mr. Andrew Carpentier to accept the Records of the Governing Committee meeting of April 16, 1997.
The motion passed on a unanimous vote.
97.5 COUNSEL'S REPORT
Mr. Joseph Maher, Vice President and General Counsel advised that amendments to Rule 12 and Rule 10 were approved by the Division of Insurance.
Continuing, Mr. Maher reported that the Market Review Committee recommends that amendments to Rule 14A, 2, c, Exclusive Representative Producers, Dual Status Producers, be approved. The amended Rule would provide that an ERP which enters a voluntary agreement with a member company, whether a Servicing Carrier or a non-Servicing Carrier, based on their voluntary market outlet for motor vehicle insurance, would no longer be eligible for and ERP appointment. The amendment would provide a certain period of time for the ERP appointment to run.
A motion was made by Mr. Arthur Remillard and duly seconded by Mr. Edwin Rinehimer to adopt the amendment to Rule 14A, 2, c, as recommended by the Market Review Committee.
The motion passed with 10 in favor and 2 opposed.
Mr. Maher recommended that the following issues are appropriate for Executive Session discussion: the 1998 Commercial Rate Filing, the American Transportation Insurance Company’s escrow agreement and a decision by Superior Court regarding an appeal by the Trust Insurance Company. Mr. Maher advised that it is permissible to discuss litigation strategies on pending matters in Executive Session.
Mr. Maher advised that New England Fidelity Insurance Company has made application to become a Servicing Carrier. He noted that the carrier had satisfied CAR staff that it was able to meet Rule 13 requirements for Servicing Carriers. He noted that staff recommended approval of the petition.
A motion was made by Mr. Edwin Rinehimer and duly seconded by Mr. Arthur Remillard to approve New England Fidelity’s application for Servicing Carrier.
The motion passed on a unanimous vote.
97.6MARKET REVIEW COMMITTEE
Mr. Boynton, reporting on the Market Review Committee meeting of April 16, 1997, informed the Committee that Ramon E. Vasquez appealed the declination of his application for ERP appointment for failure to meet established market need eligibility criteria, specifically, “failure to conduct business operations from a location within a town eligible for a private passenger ERP appointment.” The appeal was denied by the Market Review Committee.
Mr. Boynton advised that the Market Review Committee heard an appeal from the McGuire Insurance Agency concerning the termination of its’ ERP appointment by Middlesex for “failure to remit premiums on a timely basis.” Due to the numerous unexplained Rule violations documented by Middlesex and the
97.6MARKET REVIEW COMMITTEE (continued)
McGuire Agency’s appearance before the Committee in 1994 under similar circumstances, the Committee voted to deny the appeal.
Continuing, Mr. Boynton reported that the Community Insurance Agency of Greater Fall River requested a hearing to appeal the actions of Trust Insurance Company and to request a change in Servicing Carrier appointment. Attorney Peter Robertson for Trust Insurance Company petitioned the Market Review Committee for a postponement of the matter to the next meeting as a result of the recent retention of his office to represent the company and for time necessary to respond to allegations made by the appellant. The Market Review Committee voted to grant the request for postponement.
Mr. Boynton advised that the Budgeting Insurance Agency appealed the termination of its ERP appointment by Peoples Service for various violations of C.A.R. Rules 13, and 14. At its’ January 7, 1997 meeting, the Market Review Committee voted to reinstate the agency’s appointment on a probationary basis for 90 days, at which time both parties were to report back to the Committee on resolution of the matters noted. The parties reported there had been resolution to the issues presented to the Committee at its January 7th meeting and requested that the agency’s ERP appointment be reinstated and that all issues and allegations previously presented to the Committee be dismissed and considered moot. The Committee voted to grant the request.
Continuing, Mr. Boynton reported that at the Market Review Committee meeting of May 8, 1997 the Community Insurance Agency of Greater Fall River, appealed actions of the Trust Insurance Company and requested a change in Servicing Carrier appointment. Due to apparent willingness of the parties to meet in an attempt to resolve their differences, the matter was continued.
Mr. Boynton advised that Laura Battista of Battista Insurance Agency appealed the termination of her agency’s ERP appointment by Middlesex for failure to submit coverages and remit premium payments on a timely basis. In consideration of assurances from the appellant that problems which precipitated the appointment termination have been rectified, the Market Review Committee voted to reinstate the agency’s ERP appointments for ninety days with the parties reporting back regarding the agency’s operation and compliance with CAR Rules.
Continuing, Mr. Boynton reported that at its meeting of April 16, 1997, the Governing Committee referred back to the Market Review Committee, complaints by certain ERPs assigned to Peoples Service regarding its performance as a CAR Servicing Carrier. Attorneys representing both parties informed the Committee that they have resolved many of the problems between them and are continuing to work toward resolution of remaining issues. The parties requested that the matter remain open and agreed to report back to the Committee regarding the status of the negotiations.
Mr. Boynton advised that at its May 8, 1997 meeting, the Market Review Committee agreed to continue the matter of complaints by certain ERPs assigned to Peoples Service Insurance Company regarding its performance as a CAR Servicing Carrier, based on reports from the parties that progress was being made relative to the issue and matters of dispute. Progress toward resolution of the matters of dispute is continuing and both parties requested further continuation of the matter until the next Market Review Committee meeting.
Continuing, Mr. Boynton reported that also at the Market Review Committee meeting of May, 8, 1997, the matter concerning the Community Insurance Agency of Greater Fall River’s appeal of the actions of Trust Insurance Company and its request for a change in Servicing Carrier appointment was continued. Counsel for Trust Insurance Company reported that an agreement has been reached to pursue a course of
97.6MARKET REVIEW COMMITTEE (continued)
action toward resolution of the disputes between the parties. The Market Review Committee voted to continue the matter for six months.
Mr. Boynton, reported that the Committee heard an appeal by the Sushila Lulla Insurance Agency regarding the termination of their ERP appointment by the Commercial Union Insurance Company for violation of Rule 14 C, “failure to develop and maintain a minimum book of business.” The Market Review Committee voted to grant a one-year extension within which to develop and maintain the appropriate minimum number of vehicles.
Continuing, Mr. Boynton reported that the Market Review Committee heard an appeal by Christine Hayes of the Christine J. Hayes Insurance Agency regarding the termination of their ERP appointment by the Trust Insurance Company for violation of Rule 14C, “failure to develop and maintain a minimum book of business.” The Market Review Committee voted to grant a one-year extension within which to develop and maintain the appropriate minimum number of vehicles.
Mr. Boynton advised that an appeal was heard by the Driver’s Insurance Agency regarding the termination of the ERP appointment by the Trust Insurance Company for violation of Rule 14C, “failure to develop and maintain a minimum book of business.” The Market Review Committee voted to grant a one-year extension within which to develop and maintain the appropriate minimum number of vehicles.
Continuing, Mr. Boynton reported that the C. L. Hollis Agency filed a formal complaint against Metropolitan Property and Casualty for violation of Rule 20, alleging an unfair and unreasonable business practice toward the agency. Metropolitan had rejected a group discount submission from the agency for not satisfying its previously established eligibility criteria. The Market Review Committee concluded that it lacked proper jurisdiction to rule on the matter and voted to deny the appeal.
Mr. Boynton advised that the Bunker Hill Insurance Agency, appealed the termination of the agency’s ERP appointment by Arbella for “failure to notify the Servicing Carrier of any suspected fraud surrounding a loss”, and for “violation of the conditions set forth in the Servicing Carrier contract.”
The Committee was unconvinced by the appellant’s claim that Arbella was fully aware of the agency’s action relating to a brokerage agreement with another agency. The Committee voted to deny the appeal.
Continuing, Mr. Boynton reported that at the meeting of December 3, 1996, the Market Review Committee voted to reinstate the ERP appointment of the Robert J. Harron Insurance Agency and to place the agency on six months probation. Since no further reports from U. S. F. & G. concerning agency non-compliance were received, the Market Review Committee voted to reinstate the agency’s ERP appointment in full.
As reported by Counsel Maher, and adopted by the Governing Committee, Mr. Boynton reported the Market Review Committee voted to recommend to the Governing Committee that Rule 14, A, 2, c, of the Rules of Operation, Exclusive Representative Producers, Dual Status Producers be amended.
In conclusion, Mr. Boynton reported that the Market Review Committee Records of April 16, and May 8, 1997, have been distributed and are on file with CAR’s Secretary.
97.8 OPERATIONS COMMITTEE
Mr. Howard, reporting on the Operations Committee meeting of May 21, 1997, reported that the Operations Committee unanimously approved changes to Chapters III and X of the Manual of Administrative Procedures relative to the implementation of the on-line accounting correction system. References to the new on-line system have been added, where appropriate, obsolete procedures have been eliminated, and out-of-date terminology replaced and updated. Also, non-critical error code 4 will be separated into two edits (error code 4 and 12). Error code 4 will flag discrepancies on premium records and new/renewal premium not found. Error code 12 will edit unmatched reinstatement transactions. Furthermore, references to the 105-day critical error loss write-off cycle will be replaced by the 12 consecutive month loss write-off cycle.
A motion was made by Mr. Andrew Carpentier and duly seconded by Mr. Rinehimer to amend Chapter III and Chapter X of the Manual of Administrative Procedures to reflect the implementation of a new on-line account correction system.
The motion passed on a unanimous vote.
The Operations Committee unanimously approved a recommendation of the Reinsurance Operations Committee relative to ceding expense calculations. Accordingly, ceding expenses will be calculated using claim count gross of salvage and subrogation transactions for liability and physical damage and private passenger and commercial ceding expenses. The new claim count derivation process will be used with the 1996 ceding expense true-up at 15 months.
A motion was made by Mr. Edwin Rinehimer and duly seconded by Mr. Richard Brewer to approve a new claim count derivation process relative to ceding expense calculations.
The motion passed on a unanimous vote.
Continuing, Mr. Howard advised that the Operations Committee approved changes to the 1998 Statistical Plan regarding the new aggregate limits field for the garage premises coverage. The pages include reporting instructions, coding pages, and decision tables.
A motion was made by Mr. Remillard and duly seconded by Mr. Edwin Rinehimer to approve changes in the Statistical Plan for garage premises coverage.
The motion passed on a unanimous vote.
Mr. Howard reported that the Committee unanimously approved the implementation of a fee of $1 per record for key punch entry of statistical corrections made via the paper S370-Statistical Error Listing beginning October 1, 1997. Implementation of this proposal will provide incentive to companies to use CAR’s On-Line Statistical Correction System.
A motion was made by Mr. Richard Brewer and duly seconded by Mr. Remillard to approve the implementation of a $1 fee for key punch entry of statistical corrections.
The motion passed on a unanimous vote.
Continuing, Mr. Howard reported that the Operations Committee discussed CAR Staff’s proposal to develop an Accident Year Detail Loss database file and quarterly claim count derivation system. CAR
97.8 OPERATIONS COMMITTEE (continued)
maintains that by creating an internal system to capture loss history information and to derive claim count, CAR will have more timely access to the data needed to produce the reports used in the loss reserving function. Furthermore, an Accident Year database file will allow all of CAR’s departments to process ad hoc requests from various companies and Committees, particularly CAR’s Actuarial Department. It will have the opportunity to provide CAR’s Loss Reserving Committee more consistent loss reserving data. Other benefits include the ability to automate the production of the quarterly private passenger and commercial distribution analysis reports and include using the CAR generated claim counts to develop ceded claim frequencies for use in the private passenger and commercial ceding expense allowance processes. CAR further noted there would be minimal impact to its project schedule by adding this project, thus impacting CAR only an not the industry. Lastly, the Division of Insurance supported the development of this system, indicating the commissioner’s preference that CAR, as the Commonwealth’s statistical agent, develop capabilities to perform data inquiries internally.
Mr. Howard informed the Committee that some members of the Operations Committee expressed concern over the creation of a system which duplicates, to some extent, the AIB’s system and the resultant cost to the industry of CAR developing this system. Also, other members of the Committee believe that CAR and the AIB have not explored all avenues to create one system useful to both agencies, and maintain that CAR and the AIB should continue their discussions. Since the Loss Reserving Committee has not directed CAR to improve the quality of claim count reporting, the Committee discussed that there is no compelling need to immediately change the manner in which the loss reserving process is working, so ample time exists to further discuss the issue before spending industry dollars. The Operations Committee approved a motion to continue the discussion of claim count reporting in a joint meeting between the Statistical Subcommittee and the Reinsurance Operations Subcommittee.
97.11ACTUARIAL COMMITTEE
Mr. Remillard reporting on the Actuarial Committee meeting of June 17, 1997, reported that Counsel for MassWest was present at the meeting and requested that MassWest be granted relief from the penalty provision of CAR Rule 11B, 1, 2., which is the minimum allowable exposure rule. MassWest claims that their decrease in market share was involuntary and resulted from the number of group marketing programs and SDIP rate deviations being offered by other carriers. This petition originally came before the Actuarial Committee at their September 17, 1996, meeting. Although Committee members were sympathetic to MassWest’s appeal, there was considerable discussion regarding the general criteria to be used in determining whether companies should be granted relief from the provisions of Rule 11B,1 2. It was noted that the criteria developed by the Actuarial Committee at their last meeting was tabled by the Governing Committee. Some Committee members felt that this criteria should be used to review MassWest’s petition and that more information was needed. A motion was made to recommend to the Governing Committee that MassWest be granted relief from Rule 11B, 1,2. The motion failed, 4 in favor, 10 opposed.