June 1996 - #3

In this issue:

New internet program simplifies insurance shopping
Appeals court reaffirms state's insurance authority in Blackfeet National Bank case
Insurance complaints down in 1995
Boozell files amicus brief in Lloyd's case
New long term care insurance policy available
Flooded with calls about flood insurance
Company regulatory action
Producer regulatory action
Examination reports filed
Department rules review
Hearings


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New internet program simplifies insurance shopping

Illinois consumers can now shop for auto and homeowners insurance on the Internet thanks to a new program unveiled May 13, 1996, by Director of Insurance Mark Boozell. The inter-active premium comparison program is the latest feature on the Illinois Department of Insurance Home Page.

"Shopping for insurance can be a time-consuming and frustrating process," Boozell said. "Our on-line program allows consumers to access general insurance information and sample rates for hundreds of insurance companies licensed in Illinois. The rates are not intended to reflect the exact price a person will pay for auto or homeowners insurance, but offer an easy way to identify the companies they want to contact for more specific information."

The program provides sample insurance rates for four types of drivers and two types of houses, in thirteen locations around the state, including three in Chicago. Consumers can also call up buyers guides that define common insurance terms, explain the types of coverages available, and offer advice on how to shop for insurance and cut costs.

In addition to the premium information, the Insurance Department's home page currently includes an overview of the Department's organizational structure and regulatory activities, the agency's regulatory newsletter and press releases and insurance information for teenage drivers.

"The Internet offers limitless possibilities for consumer education," Boozell said. "The Department of Insurance intends to take full advantage of this technology to become a valuable electronic information resource for Illinoisans. We are planning a number of additions to our home page, including consumer complaint ratios, Medicare supplement insurance premiums, basic information on a variety of insurance topics, and an on-line complaint form."

The Insurance Department's home page also provides links to the State of Illinois Home Page, the National Association of Insurance Commissioners and profiles on the Illinois Senior Health Insurance Program, the Illinois Comprehensive Health Insurance Plan and the Office of the Special Deputy Receiver.

"We are receptive to suggestions for additional links with other government agencies, consumer resources and insurance- related web sites," Boozell said.

The Department's address is: http://www.ins.state.il.us/


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Appeals court reaffirms state's insurance authority in Blackfeet National Bank case

The U.S. Court of Appeals for the Seventh Circuit has reaffirmed the state's regulatory authority over entities attempting to sell insurance products in Illinois. The court's decision in American Deposit Corp. v. Schacht (case #95-2462), upholds the Illinois Insurance Department's right to issue a cease and desist order to Blackfeet National Bank of Browning, Montana, both for underwriting and soliciting the sale of annuities without a certificate of authority.

The bank asked a federal district court and then the federal appeals court to prohibit the Department from taking action on the grounds that fixed annuities were not insurance products and the National Bank Act precluded the Department from regulating the bank, even if it was transacting the business of insurance. The court disagreed with both of those conclusions, finding that:

"The court's decision reaffirms the primacy of state laws in regulating the business of insurance," Boozell said. "In essence, this decision says the only way federal law can preempt state insurance laws is if the federal law specifically relates to the business of insurance.

"Our overriding concern has been to protect Illinois consumers in their insurance transactions. We are gratified that the decision supports the continued regulation of insurance underwriting and sales by the states in the absence of conflicting federal law."


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Insurance complaints down in 1995

Illinois consumers appear to be more satisfied with their insurance coverage according to 1995 complaint information released by Director Mark Boozell. Total insurance company complaints closed by the Department of Insurance dropped from 11,987 in 1994 to 11,018 in 1995; while written grievances against health maintenance organizations declined to 569 from 610.

"Complaint analysis is never an exact science, but we believe the lower numbers are due in part to heightened public awareness," Boozell said. "Consumers are becoming increasingly sophisticated about doing their insurance homework before they buy a policy. The more information they have up front, the less likely they'll run into problems or misunderstandings at claims time," he said.

Of the total 1995 complaints, auto insurance accounted for 45 percent; group accident and health for 17 percent; individual life for 9 percent; individual accident and health for 8 percent; homeowners for 7 percent; and HMOs for 5 percent. The remaining 9 percent were miscellaneous coverages.

Seventy (70) percent of the grievances against insurers and 94.2 percent of those against HMOs involved claims handling. Other reasons for complaints included: underwriting - insurers, 12 percent and HMOs, 3.3 percent; policyholder service - insurers, 10 percent and HMOs, 2.5 percent; marketing and sales - insurers, 8 percent and HMOs, none.

Geographically, 81 percent of HMO and 68 percent of insurance company complaints came from the Chicago/Metropolitan Cook County areas, while downstate accounted for 12 percent and 27 percent respectively.

The Department of Insurance calculates a complaint ratio and ranks all HMOs, but limits the insurance company listings to those charged with ten or more complaints per line of coverage. A rank of 1 reflects the lowest complaint ratio in the group.


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Boozell files amicus brief in Lloyd's case

Director Mark Boozell filed a "friend of the court" brief on May 7, 1996, in a Federal 9th Circuit Court of Appeals case in which the enforceability of insurance issued at Lloyd's of London had been challenged. Boozell's brief was filed to protect the interests of insolvent Illinois insurers of which he is the Receiver.

The case involved the appeal by California Insurance Commissioner Chuck Quackenbush of the lower court's decision denying Quackenbush the right to intervene in litigation brought by the California Corporations Commissioner against Lloyd's of London and others. In that litigation, the Corporations Commissioner sought, among other things, to rescind Lloyd's insurance policies because of alleged state securities law violations involving participation in the Lloyd's marketplace by certain wealthy California residents, known as "Names." Commissioner Quackenbush had attempted to intervene in the trial court in order to protect the interests of Lloyd's insureds and the integrity of the insurance marketplace he regulates.

"I take no position on whether participation by these Names involved the improper sales of 'securities' under California law," Boozell said. "That question will be resolved by the trial court. My only interest is that innocent third parties--the people who bought and paid for insurance and reinsurance issued by the Lloyd's Names--get the benefit of the bargain they made with the Names.

"The Names may or may not have legitimate grievances against the defendants in the trial court. If they do, any relief they get should come from the defendants, and not from the innocent parties who have relied on the Names' insurance commitments."

Ironically, the day after Director Boozell filed his brief, the trial court dismissed without prejudice the action brought by the Corporations Commissioner. Since then, in part because of the efforts of Director Boozell and other insurance regulators, the Corporations Commissioner has agreed to participate in voluntary attempts to mediate the Lloyd's issue with the other involved parties. Whether the Corporations Commissioner refiles his original lawsuit will depend on the success of these mediation efforts.

Lloyd's Names have issued policies of insurance to hundreds of Illinois insureds, including municipalities, churches, banks, manufacturers, merchants, architects, law firms, and many other businesses. Lloyd's Names have also issued "reinsurance"-- insurance for insurance companies--providing approximately $1.3 billion of financial support to Illinois insurers. The insolvent Illinois insurers Boozell represents as Receiver look to Lloyd's Names for $10 million or more of reinsurance needed to pay claims against these failed companies.


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New long term care insurance policy available

Illinois Department on Aging Director Maralee I. Lindley and Illinois Department of Insurance Director Mark Boozell recently announced the availability of a new type of long term care insurance that will allow Illinoisans to obtain long term health care at home or in a nursing home without having to impoverish themselves. The "Partnership Policy" is a three-way partnership involving an individual, a licensed insurance company and the State of Illinois.

"Developed by a task force representing insurance companies, consumers and state officials, the Partnership offers Illinois residents a unique blend of insurance coverage and asset protection not available through traditional long term care insurance coverage," Lindley said.

With a Partnership Policy, consumers can protect a dollar of assets for each dollar of insurance they buy. For example, if an individual buys a policy with a maximum benefit payout of $50,000, then $50,000 of that person's assets would be protected. After the individual's insurance benefits are used, he or she could keep $50,000 in personal assets and still be eligible to have Medicaid pay for additional long term care costs.

Individuals who want to protect more or less of their assets can select a policy with a higher or lower benefit payout, but there is no limit on the amount of assets that can be protected in this way.

"We are especially pleased that policyholders will have the option of using their long term care insurance benefits to purchase in-home services, such as home delivered meals or shopping assistance," said Lindley.

To date, the Partnership Policy is being offered by the American Travellers Life Insurance Company and Bankers Life and Casualty Insurance Company.

"Other companies are eventually expected to carry the policy, as well," said Boozell. "The policy is an example of how the public and private sector can work hand-in-hand to provide a type of insurance that makes a lot of sense for people who are concerned about protecting their assets."

Illinois insurance producers selling the Partnership Policy are required to complete six hours of specialized training in addition to the six already required for long term care products.

The cost of a Partnership Policy depends on the individual's age at the time of purchase, as well as the amount and type of policy features selected. The younger an individual is, the lower the cost of the policy.

A shopper's guide and brochure that explain more about the Partnership Policy are available free of charge through the Illinois Department on Aging's Senior HelpLine, 1-800-252-8966 (Voice and TDD).


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Flooded with calls about flood insurance

by Pamela Donnewald, CPCU

Flooding is a major, recurring problem in Illinois. Between 1985 and 1995 Illinois suffered eight major floods that have warranted Presidential declarations. Even as I write, Illinois rivers have flooded again and the President has just declared several more counties federal disasters due to flooding.

Each spring, as the rains fall, the Department of Insurance receives calls from consumers and insurance producers who are confused about flood insurance. This year has been no exception.

The following are facts about flood insurance that are often misunderstood:

Fact: Floods occur more often than you think. Ninety percent of all disasters in the U.S. are flood-related. You are four times more likely to experience a flood than a fire if you live in a high risk flood zone.

Between 1981 and 1995, only 28 Illinois counties have not had a federal flood declaration.

Fact: Most, if not all, homeowners policies specifically exclude flood damage. There are limited exceptions under some mobile homeowners policies.

Fact: You can buy federal flood insurance no matter where you live in Illinois, as long as your community participates in the National Flood Insurance Program (NFIP). You can buy insurance if the property is in a floodplain or out of a floodplain, as long as the property is located in a participating community.

Fact: You don't have to live near water to be a flood victim. About one-third of all claims paid by the NFIP are for properties in areas that have a minimal to moderate chance of flooding (Zones B, C and X in Illinois). Flooding in these areas is often the result of inadequate local drainage systems.

Fact: Some people refuse to buy flood insurance thinking the federal government will help them out. To be eligible for federal disaster assistance, a community must be declared a federal disaster area. Although 90% of all disasters in the U.S. are flood-related, federal disaster assistance declarations are awarded in less than 50% of flooding incidents.

Federal disaster assistance often comes in the form of loans that must be repaid with interest. Furthermore, if you are uninsured and receive federal assistance, you must purchase flood insurance to receive federal disaster relief in the future.

Fact: In addition to homeowners and condo unit owners, condo associations and businesses can also be insured through the NFIP. Renters may also purchase a flood insurance policy for their contents.

Fact: Any licensed property and casualty insurance producer can sell a flood insurance policy. Those producers should therefore know how to write this coverage for their clients.

Fact: The waiting period for flood insurance is no longer 5 days. During the 1993 Midwest floods, many claims were paid under policies that had been in force less than a month. To discourage such adverse selection in the future, Congress increased the waiting period to 30-days.

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The 1993 Midwest floods brought flood insurance into the spotlight. As a result, many people are more aware of the risk of floods, and are taking steps to prepare. It is crucial that people understand that they have the power to protect themselves from floods by purchasing flood insurance.

Insurance producers are in a unique position to communicate this message to consumers, and can do so in two ways: First, insurance producers can contact the NFIP for a list of the free materials that are available to help market the policies. Second, producers can educate themselves and their staffs about flood insurance.

The NFIP has an excellent four-hour seminar that provides four continuing education credits and is specifically geared toward the needs of producers. Upcoming seminars will be held on August 15 in Bloomington/Normal and on August 21 in Schaumburg. Costs are $30 per person.

As a special post-flood service to producers, the NFIP will hold free seminars (still providing four continuing education credits), during the month of June in the Belleville/Collinsville area, Marion, Decatur and Effingham.

To obtain information about exact times and locations, or to sponsor your own seminar, contact Rich Slevin or Joy Duffy at the NFIP Bureau and Statistical Agent (708) 955-4550.


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Company regulatory action

New Admissions
     Certificates of authority have been issued to the following
entities:

     Third Coast Insurance Company, IL, 4/1/96
     Unique Insurance Company, IL, 4/3/96
     Diamond Insurance Company, IL, 4/26/96
     Contemporary American Insurance Company, IL, 5/2/96
     Physicians Insurance Company of Wisconsin, Inc., WI, 5/28/96

                           Suspension

     Frontier Insurance Company, MO, was suspended effective
3/21/96 - 3/21/98 because its capital and surplus are below
minimum requirements.

                          Terminations

     The following insurance company is no longer doing business
in Illinois:

     The Fidelity General Life Insurance Company, PA, requested
voluntary dissolution from the State of Pennsylvania; IL
certificate of authority cancelled effective 3/8/96.


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Producer regulatory action

(Copies of regulatory orders are available upon written request to the Producer Regulatory Unit, at a cost of $1/page.) Revocation of Licensing Authority Richard F. Beaird 1920 Winchester Champaign, IL Effective 10/31/94 William B. Sanders 195 N. Harbor Drive, Apt. 2307 Chicago, IL Effective 4/15/96 Alan M. Ralsky 9439 N. Leamington Skokie, IL Effective 4/19/96 Voluntary Revocation Robert C. Holloway R.R. #2, Box 153A Girard, IL Effective 3/18/96 Douglas Fredrick Kehler 9520 Wagner Road McConnell, IL Effective 4/19/96 Stipulation and Consent Order - Civil Forfeiture Paid Akanni W. Adegbite 6201 N. Kenmore Chicago, IL Effective 4/8/96 Alpha Premium Finance Company, Inc. 2501 Sullivan Drive Belleville, IL Effective 4/20/96 Craig T. Loiacano 378 Satinwood Terrace Buffalo Grove, IL Effective 2/14/96 Armando E. Marcianelli 701 N. Harrison Street Algonquin, IL Effective 3/8/96 Dean H. Matsuo 6807 W. Roosevelt Road Berwyn, IL Effective 3/14/96 Midwest Insurance Services 908 W. 1st Avenue, Suite C Lincoln Square Marion, IL Effective 1/4/96 Arthur S. Miller 2612 Oak Street Highland Park, IL Effective 3/14/96 Miller Insurance Agency, Inc. 271 S. State Street Elgin, IL Effective 4/8/96 Neis Insurance Agency 45 N. Virginia Street Crystal Lake, IL Effective 3/20/96 Thomas J. Neis 1106 Boone Creek Court McHenry, IL Effective 3/20/96 Republic Premium Finance Company 6807 West Roosevelt Road Berwyn, IL Effective 3/14/96 Brenda K. Richey 1303 Adams Street Johnson City, IL Effective 1/4/96 USA Insurance Brokers 6807 W. Roosevelt Road Berwyn, IL Effective 3/14/96 Tommy Lee Washington 2605 W. Hayes Street Peoria, IL Effective 2/14/96 William R. Werst, Jr. 2245 South Street Elgin, IL Effective 4/8/96 Mark L. Zisook 1621 Dundee Road Northbrook, IL Effective 2/29/96 Other Department Actions Thomas J. Merryweather 2650 N. Mildred Chicago, IL Effective 3/1/96 Director's Order Cancellation Due to Dishonored Check Beverly Coleman 400 East 33rd Street, #1914 Chicago, IL Effective 2/9/96 Aaron E. Haag 17 Magnolia Drive Belleville, IL Effective 1/24/96 Vince Hardeman 7302 S. Wabash Chicago, IL Effective 1/31/96 Charles Mitchell 1438 West Wellington Chicago, IL Effective 2/25/96 Julie D. Nimtz 613 East Lincoln Avenue Belvidere, IL Effective 1/1/96 Paul W. Peterson 1840 E. Ridgewood Lane Glenview, IL Effective 12/23/95 Harry W. Sharpe 1505 London Court Naperville, IL Effective 2/1/96 Charles Simmons 10450 S. Church Street Chicago, IL Effective 1/12/96 Milton D. Simmons 14401 Sanderson Dolton, IL Effective 3/7/96 Leonard C. Sisnette 7813 S. Chappel Chicago, IL Effective 1/26/96 Stephanie Wagner 2857 Barber Court Joliet, IL Effective 2/19/96 Raynetta E. Waller 4800 Chicago Beach Drive, #908N Chicago, IL Effective 1/12/96 Aaron J. Wanek 9057 Grave Avenue Niles, IL Effective 3/4/96 Other Dishonored Checks Arletha L. Bolton 2331 W. 157th Street Markham, IL Wenonah Dampier 1660 South Drake Avenue Chicago, IL O L Jones 2207 E. 70th Place Apt. 1W Chicago, IL Barry L. Layton 7952 S. Colfax Chicago, IL Robert E. Miller 707 N. Hazel Street Danville, IL Algernon Parker 8053 S. Dobson Chicago, IL James B. Thomas 1317A Plymoth Ct Chicago, IL Emma J. Thompson 402 Gettysburg Street Park Forest, IL To-Mas & Associates 3649 W. 183rd Hazel Crest, IL
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Examination reports filed

Financial Group Health Plan, Inc. 3/13/96 Palmyra Lincoln Mutual Insurance Company 3/14/96 Rush Prudential Insurance Company 3/15/96 General Casualty Company of Illinois 4/16/96 Professional Life & Casualty Company 4/23/96 Royal Neighbors of America 4/23/96 United Health & Life Insurance Company 4/23/96 American Ambassador Casualty Company 4/29/96 German Mutual Fire Insurance Company of North Chicago 4/29/96 Kane County Mutual Insurance Company 4/29/96 Omni Insurance Company 4/29/96 Allstate Life Insurance Company 5/07/96 Polish Women's Alliance of America 5/07/96 Rush Prudential HMO, Inc. 5/07/96 United National Life Insurance Company of America 5/07/96 Farmers Automobile Insurance Association 5/10/96 The Mount Carroll Mutual Fire Insurance Company 5/10/96 Pekin Insurance Company 5/10/96 Guarantee Trust Life Insurance Company 5/15/96 Market Conduct Beginning with this issue, we will also list market conduct examination reports filed. For this initial list, we have included reports filed during the last quarter of 1995. Midwest Mutual Insurance Company 10/19/95 Country Life Insurance Company 10/20/95 American Chambers Life Insurance Company 10/27/95 Reliable Life Insurance Company 11/17/95 Jackson National Life Insurance Company 12/21/95 Constitutional Casualty Insurance Company 1/26/96 Illinois National Insurance Company 1/26/96
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Department rules review

The full text of Department rules is printed in the Illinois Register published weekly by the Illinois Secretary of State's Index Department, 111 E. Monroe St., Springfield, IL 62756. Subscriptions are available from that source for an annual fee of $290. Issue numbers and a Department contact person are listed below after each rule summary. Copies of rules are also available upon written request to the Department of Insurance at a $1 per page charge. Adopted rules are codified in Title 50 of the Illinois Administrative Code. Rule 930 (Life Insurance Solicitation) was amended on March 4, 1996, to add two additional disclosure requirements to ensure that the family or representative of the deceased is not deprived of the advantages of open competition and unrestricted choice in connection with the burial of the deceased. (Vol. 19, #11; Charles Budinger) Rule 2008 (Minimum Standards for Individual and Group Medicare Supplement Insurance) was amended on April 28, 1996, to comply with changes to the federal requirements for Medicare supplement insurance in the areas of open enrollment, loss ratio provisions, duplication of coverage, agent compensation, Medicare Select and mailing of policies. Federal requirements were effective on October 31, 1994, under the Social Security Act Amendments of 1994. (Vol. 20, #19; Linda Smith) Rule 2801 (Surplus Line Business Requirements) was amended on April 9, 1996, to implement Section 445 of the Illinois Insurance Code which sets forth licensing requirements for surplus lines producers who place policies or contacts of insurance with companies not authorized to do business in Illinois. The rule was amended to reflect the increase (from $5,000,000 to $15,000,000) in minimum policyholders surplus required by PA 88-627, effective September 9, 1994. (Vol. 20, #16; Cindy Stephenson) Rule 6302 (Definition of Salary) was amended on April 9, 1996, to define "salary" for the determination of contributions made to pension funds on behalf of employees. The rule also specifies what "salary" is not, so that consistent standards will be used by all pension funds. (Vol. 20, #16; Mike Blankenship)
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Hearings

Completed Hearings: Fermin P. Castillo Letter of Denial rescinded and respondent permitted to obtain license 3/21/96 Hearing No. 3387 "V" Brothers Machine Corporation Sentry ordered to apply correct classification to policy period and provide refund 3/21/96 Hearing No. 3365 John and Diane Shastal State Farm Fire & Casualty Company Nonrenewal effective 4/16/96 Hearing No. 3418 Barrington Police Pension Fund Audit accepted for filing 4/17/96 Hearing No. 3366 Callie Chapman State Farm Fire & Casualty Company Nonrenewal effective 4/17/96 Hearing No. 3416 S.I. Extended Contractors, Inc. Ruling of IL Workmen's Compensation Appeals Board upheld 4/17/96 Hearing No. 3351 Russell and Khrystal Smith State Farm Fire & Casualty Company Cancellation effective 4/17/96 Hearing No. 3417 Alan M. Ralsky Order of Revocation made final 4/19/96 Hearing No. 3378 Marion A. Miles State Farm Fire & Casualty Company Nonrenewal effective 5/2/96 Hearing No. 3420 Raj and Monica Shekar State Farm Mutual Automobile Ins. Co. Nonrenewal effective 5/20/96 Hearing No. 3412 Raj Shekar and Pushpa Monica Shekar State Farm Mutual Automobile Ins. Co. Nonrenewal not allowed 5/20/96 Hearing No. 3425 Raj Shekar and Pushpa Monica Shekar State Farm Mutual Automobile Ins. Co. Nonrenewal effective 5/20/96 Hearing No. 3426 Matters Settled without Hearing: Association of Trial Lawyers Assur. Hearing dismissed 2/9/96 Hearing No. 2822 The Brotherhood Newsletter Hearing dismissed 3/20/96 Hearing No. 2927 Louise M. Cadwell State Farm Fire & Casualty Company Hearing dismissed 4/22/96 Hearing No. 3423 Deborah Hagemeier State Farm General Insurance Company Policy reinstated 5/2/96 Hearing No. 3422 Ray and Angela Allen Citizens Insurance Company of America Hearing Dismissed 5/10/96 Hearing No. 3421 Carl and Terri Dover Country Mutual Insurance Company Hearing dismissed 5/10/96 Hearing No. 3430 Scheduled Hearings: Kathleen A. Thomas Illinois Farmers Insurance Company Nonrenewal 5/29/96 Hearing No. 3432 Arthur G. Wargo, Jr. State Farm Mutual Automobile Ins. Co. Cancellation 6/4/96 Hearing No. 3433 William and Pamela Hagen Merchants Property Ins. Co. of Indiana Cancellation 6/5/96 Hearing No. 3435 K & S Associates, Inc. Generali Cancellation 6/7/96 Hearing No. 3437 Audree Friedman State Farm Fire & Casualty Insurance Company Cancellation 6/11/96 Hearing No. 3434 Suzette Ferrill Country Mutual Insurance Company Cancellation 6/12/96 Hearing No. 3436 Cathyrn R. Iversen State Farm Mutual Automobile Ins. Co. Nonrenewal 6/18/96 Hearing No. 3439 Mennonite Motorist's Aid Cease and Desist 6/21/96 Hearing No. 3446

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