About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



20 J. Ins. Regul. 1 (2001-2002)

handle is hein.journals/jloins20 and id is 1 raw text is: 





                               Editor's Perspective






The  insolvency crisis facing the insurance industry inspired great
innovative and strong regulatory measures to restore confidence in
the financial solidity of insurers. The post-insolvency era of in-
surance regulation is the opposite, focusing on simplification and
dismantling old forms of control. The very justification and policy
rationale for why we regulate insurance is in dispute. The tools for
regulation are rapidly shifting from paper to expert systems and
automated  processes. New financial tools, new market structures,
and competition among  financial services have strained old regula-
tory paradigms. As we will see in this issue, approaches to protecting
consumers  are being reassessed. This issue of the Journalemphasizes
this rethinking of the core values and tools of regulation.
    Speed to Market has become the mantra of reform minded critics
of state regulation. Needless procedures and reviews slow the in-
dustries' ability to launch new consumer products. They add that
higher costs and product limitations hurt consumers. So far, the
speed to market proponents have been gaining ground, especially by
comparison  with the pace of change a decade or more ago. During
the P&C  crisis of 1989, laws and regulations were piling up to con-
strain what was perceived as ruinous competition. The legacy of rate
and form reviews, built up over most of the 20th century, is falling
away  with the speed of technological innovation.
    The regulation of personal auto insurance rates is a major hold-
out in a U.S. deregulation trend that started the late 1970s with dis-
mantling airline, rail, and utility rate regulations. A hodgepodge of
rate regulations exists across all lines of insurance. There is no con-
sensus on which products should be regulated, for what objectives,
or how  the job should be done. For personal lines, the research to
date has generally shown that proactive rate regulation does not
seem  to lower consumer costs of insurance relative to more relaxed
regulation. This finding puzzles both the regulators and the regu-
lated. A trio of eminent academic researchers, David CumminS,
Richard Phillips and Sharon Tennyson, take a fresh look at the evi-