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25 J. Ins. Regul. [i] (2006-2007)

handle is hein.journals/jloins25 and id is 1 raw text is: Editors' Perspective As the price of medical malpractice insurance continues to be high, policymakers and regulators are looking at this product and companies, trying to find ways to address costs. One element of price is profit. In their article, Assessing Financial Performance in Medical Professional Liability Insurance, Professors Rob Hoyt and Lawrence Powell offer new insights about the profitability of this industry. They conclude that this industry is not excessively profitable and do not find evidence that medical malpractice insurance is overpriced. Mark DeBofsky, J.D., in an article called Discretionary Clauses and Insurance, discusses the historic basis for such clauses - ERISA and its interpretation by the courts, the impact of such clauses on workers and their families when making claims for benefits and a barrage of federal court cases resulting in outcomes that are inconsistent and have adverse implications for public policy that seeks to protect workers and their families. He concludes by encouraging state lawmakers to prohibit such clauses in insurance contracts. Professors Cassandra Cole and Kathleen McCullough, in an article called A Review of the Issues Surrounding Fair Share Health Care Bills, examine a recent wave of proposals in state legislatures that seek to make employers, which do not already, provide for a certain level of health benefits to workers. They discuss factors leading to the development of fair share health care bills, the key aspects of the bills, and litigation involving existing fair share health care laws. The article also provides a summary of the bills to assist state policymakers comparing the differences and similarities in the proposals among the states. Finally, Christopher O'Brien, director of the Centre for Risk and Insurance Studies at Nottingham University Business School, in a paper called Modernizing Insurance Solvency Regulation: Evidence from the UK, examines the changes in the solvency regime for insurers in the United Kingdom, recently introduced by the UK's regulator, the Financial Services Authority (FSA). It also discusses recent actions by the European Commission in reviewing its insurance solvency regime, aiming to make it more risk- sensitive. O'Brien recommends that because the FSA's approach has been well received in the UK, the European Commission should take into account some of the implications from the FSA's approach. © 2006 National Association of Insurance Commissioners