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Oregon DFR Invites Insurers to Discuss Ad Filing Requirements

On November 5, 2021, the Oregon Division of Financial Regulation issued an invitation to comment on proposed filing requirements for life and health insurance advertisements. The centerpiece of the proposed ad filing...more

NAIC Illustration Work Stagnates in the Dog Days of Summer

The NAIC groups working on illustration issues reported little activity at the 2021 NAIC Summer National Meeting. The Life Insurance Illustration Issues (A) Working Group’s (Life Illustration WG) charge has been to...more

Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models

On July 6, 2021, the governor of Colorado signed Senate Bill 21-169 prohibiting insurers’ use of external consumer data and information sources (external data), as well as algorithms and predictive models using external data...more

Diving Into IoT Data? Here Are Some Privacy Considerations

Many insurers contemplate using data from internet- connected devices, including wearables, for a deep dive into wearers’ lifestyles and invaluable insights for automated underwriting. Before diving into the deep end, there...more

The NAIC’s New E-Commerce Class

A new E-Commerce (EX) Working Group (E-Commerce WG) class has been added to the NAIC course catalog to learn how to expand the use of technology, specifically e-signature, e-delivery, e-notary, and e-education, in insurance....more

9/17/2021  /  E-Commerce , Insurance Industry , NAIC , UETA

A Rocky Road Ahead for Insurers Using Consumer Data and Models

The NAIC’s development of guiding principles on artificial intelligence seeks to proactively avoid proxy discrimination, safeguard against other unfairly discriminatory outcomes, and apply risk management to address unfair...more

Cast Into the Deep: Questions for Charting New Privacy Waters

As insurers consider new data from new sources and new means for consumer outreach, working through the privacy requirements is like navigating choppy waters. The various privacy regimes include...more

Minimum Standard Nonforfeiture Rate – Green Light, Red Light

In December 2020, by amending the Standard Nonforfeiture Law for Individual Deferred Annuities (Model 805), the NAIC gave the green light to lower the minimum standard nonforfeiture rate to 0.15% in response to the persistent...more

Spring Is Hot for State Privacy Legislation

It’s a hot spring for state privacy legislation. Privacy bills are pending in roughly 20 states, and while Gramm-Leach-Bliley Act (GLBA) exemptions may act as a cool breeze in some, issues remain...more

The Gift of Giving: States Move to Amend Their Anti-Rebating Laws

On December 9, 2020, the NAIC Executive Committee adopted provisions to section 4(H) of the NAIC Unfair Trade Practices Act (Model 880) allowing insurers and producers to provide consumers with value-added products and...more

States Spring Into Action With Best Interest Rules for Annuities

In February 2020, the NAIC approved revisions to the Suitability in Annuity Transactions Model 275, adopting a four-part best interest obligation, including the following obligations: care, disclosure, conflict of interest,...more

A New Dawning for Electronic Insurance and Investment Product Transactions and Document Delivery?

In 2020, the financial services industry and regulators adjusted to new norms of social distancing, electronic document delivery, and electronic transactions. Regulators are recognizing the gap between advancements in...more

NAIC Rings in a New Year for Addressing Racial Inequities

In 2020, the NAIC formed the Special (EX) Committee on Race and Insurance to consider what measures insurance regulators and the industry can take to increase diversity and inclusion within the insurance industry and to...more

NAIC Task Force Gives Insurers a Holiday Rebating Gift

Just in time for the holidays, the Innovation and Technology Task Force (Innovation TF) and the NAIC Executive (EX) Committee adopted revisions to Section 4(H) of the NAIC Unfair Trade Practices Act (Model 880). ...more

NAIC Groups Adopt 2021 Charges

As the year of COVID-19 closes, NAIC groups are adopting their charges for 2021. Especially notable are the following: LATF’s Indexed Universal Life Illustration Subgroup will: This group will finalize its white paper on...more

New Year, New Duties in the Sale of Annuities

It looks as if 2021 will be a busy year as states move to implement the NAIC 2020 revisions to the Suitability in Annuity Transactions Model Regulation (Model 275), or other duty of care measures. The below chart outlines the...more

Back to School for Annuity and Life Disclosures and Illustrations

The NAIC Virtual Summer National Meeting marked that it is time to get back to school for a number of annuity and life disclosure and illustration initiatives. Both regulators and insurers will need to sharpen their pencils...more

NAIC Virtual Block Party

The NAIC and the Interstate Insurance Product Regulation Commission (“Compact”) are cooking up various initiatives that will impact life and annuity issuers. Below is the spread of the different issues....more

No Summer Break for the Rebating Drafting Group

The rebating drafting group of the NAIC’s Innovation and Technology (EX) Task Force (“Innovation TF”) has been busy all summer working on proposed changes to section 4(H) of the NAIC’s Unfair Trade Practices Act (UTPA). On...more

Not Quite Across the Suitability Finish Line

While everyone may be growing weary, the work to revise the state insurance standard of care for annuity transaction recommendations is not quite finished. ...more

Topsy-Turvy World of Accelerated Underwriting and Artificial Intelligence

As accelerated underwriting (AU) and artificial intelligence (AI) begin to turn life underwriting upside down, several NAIC working groups are seeking to bring order to the disruption: the Big Data (EX) Working Group (“Big...more

Is It Time to Come Out and Play? New Rules Proposed on What Constitutes Rebating

While everyone was working from home, the NAIC's Innovation and Technology (EX) Task Force (Innovation TF) was busy creating proposed new game rules on rebating. ...more

Insurers’ Successful Challenge to 2016 Amendments to Florida’s Unclaimed Property Act Reversed on Appeal

On June 3, 2020, Florida’s First District Court of Appeal issued a 2–1 decision in Patronis v. United Insurance Company of America, reversing a 2018 trial court decision in which life insurance companies had successfully...more

NAIC Restarts Its Work Revising Its Model Privacy Provisions

After a brief hiatus due to COVID-19, the NAIC’s Privacy Working Group returned to work on May 5 discussing comments received on the working group’s markup of the NAIC Insurance Information and Privacy Protection Model Act...more

NAIC Tills the Accelerated Underwriting Garden

The Accelerated Underwriting (A) Working Group (AU WG) sprang into action during the first part of the year learning about the landscape of insurers' use of algorithms in underwriting and potential issues of such use, holding...more

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