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12 J. Ins. Regul. 1 (1993-1994)

handle is hein.journals/jloins12 and id is 1 raw text is: 





                                   Editor's Perspective






Regulation is the theme of this issue. The articles address very current
problems  confronting regulators. They explain the history and appli-
cation of state and National Association of Insurance Commissioners
laws, rules, and policies. The authors offer a host of recommendations
for improving regulation.
    The first piece Title Insurance: A Regulatory Perspective typifies
the material the Journal will take pains to offer. Written by a respected
regulator, it enlightens the reader about an obscure and often mis-
understood  line of insurance. I believe it will serve as a standard ref-
erence. It should be required reading for any insurance examiner about
to take on filings or examinations of title business.
    The dramatic title of the second article heralds the discussion of
a controversial issue. Should life insurance policyholders be allowed
to cash in their death benefits to meet terminal medical needs while
they are alive? Regulatory constraints on policyholder choice have
driven them into the hands of viatical settlement firms-an industry
that has grown up  to exploit the consumer's demand for immediate
cash settlement.
    The trade literature has been describing the explosive growth of
group  self-insurance plans to meet workers' compensation coverage
obligations. Workers' Compensation  Group  Self-Insurance Funds:
Some  Reform Proposals explains how these pools work and how they
can be abused. It offers some fresh insights into both solvency regu-
lation and controlling conflict of interest.
    Sometimes a regulation can have an unintended consequence. The
authors of Controlling Insurance Risk and Consumer  Costs: Asset
Allocation Under Risk-Based Capital Requirements make a case that
the current risk-based capital requirements actually increase the ris-
kiness of insurance companies. They contend that the penalties put
on certain kinds of assets without regard to their place in a balanced
investment portfolio ignore modern  investment theory and can  be
demonstrated to increase the volatility of an investment portfolio.