On the hill, PCI Pushes for
McCarran-Ferguson Preservation

WASHINGTON—A bill to amend the McCarran-Ferguson Act would reduce competition for consumers in the important health and medical liability insurance markets, according to testimony submitted to the House Judiciary Committee by the Property Casualty Insurers Association of America (PCI).

The proposal would eliminate McCarran’s federal deference to state antitrust oversight and drive up health care and insurance costs by creating barriers for insurers seeking to enter the health and medical liability markets.

Usurpation Proposed in the House

The legislation — H.R. 3596, the Health Insurance In-

dustry Antitrust Enforcement Act of 2009 — would usurp the traditional state role in governing the business of insurance by applying federal law expressly outlawing price fixing, bid rigging, and market allocations for health and medical malpractice insurers. However, the National Association of Insurance Commissioners (NAIC) opined on an earlier version of the bill several years ago that “no state insurance regulator has seen evidence that suggests [that] medical malpractice insurers have engaged or are engaging in price fixing, bid rigging, or market allocation.”

Fixing the Unbroken

“We are not aware of any credible contrary evidence that continued on page 6

Agent Left Clients
Without TWIA Shield

In This Issue

TDI Blazons August enforcements 3

TAhU’s Take on Baucus: It’s the Same Ol’ Same Ol’ by Rusty Rice

HOUSTON—Darryl W. Golter, owner of the Golter Insurance Agency formerly located in Pasadena, Texas, was indicted by a Harris County Grand Jury in Houston on the criminal offense of Misapplication of Fiduciary Property Over $100,00 and Under $200,000, a second degree felony.

Dallas Aviation Firm Taken to Task Over Pa. “health Care Disaster” 10

MarketScout Notes September Rate Reduction of Four Percent

Golter is accused of collecting customers’ homeowners insurance premiums intended for acquiring windstorm coverage through the Texas Windstorm Insurance Association (TWIA), but procured no coverage for the customers. According to the charges, Golter collected over $100,000 from approximately 85 customers for their TWIA premium payments, deposited these funds into his business ac- continued on page 8

NAIC Proposes Reinsurance Regulatory Modernization Act

States Seek Consumer Protections for Long-Term Care Insurance 15

IBhS hails Proposed DhS Preparedness Standards

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