ARCHIVES OF LEAD STORIES
August 12, 2004
Auto insurance firms, officials
debate scope of industry reform
Jeremy Schwab
Hundreds of drivers with excellent records would
lose the ability to choose their auto insurers under a proposal
being considered by state Insurance Commissioner Julianne Bowler.
The proposal, put forward by insurers, would assign so-called
“high risk” drivers to insurance companies based on
the companies’ share of the market.
Insurers say the change is needed to force companies
such as Commerce Insurance, which pays less than its share of
the high risk market, to pay their share.
But opponents say that such a balance could be achieved within
the current system.
“You’d have very good drivers who happened to live
in what the insurance industry calls bad territories [assigned
to insurers] if you switched to an assigned risk plan,”
said Ron Marlow, chief of staff for state Sen. Dianne Wilkerson,
a legislator who opposes the change.
Insurance companies assign risk by neighborhood as well as by
driving record, and black and low-income neighborhoods tend to
be higher-risk zones.
Nearly 27 percent of drivers in the state’s high risk pool
are in steps 9 and 10, the two best rankings in the state’s
driving record rating system, according to industry data.
Opponents of the assigned risk plan worry that these good drivers
would be assigned to companies and lose their freedom of choice
if the plan is enacted.
To counteract such an occurrence, Attorney General Thomas Reilly
recently introduced an amendment that would exempt drivers with
clean records for the past three years from the assigned risk
pool.
Commissioner Bowler has not yet made a decision on the insurers’
plan or on Reilly’s amendment.
“She is reviewing it,” said her spokesman, Chris Geotcheus.
Opponents of the plan say Reilly’s proposal does not go
far enough.
“Although the attorney general’s plan is a good start,
it can’t end there,” said Marlow. “Very good
drivers in steps 12, 13 and 14 would still be included.”
Good drivers, including those in steps 9 and 10, are put in the
Commonwealth Automobile Reinsurers pool due to factors such as
where they live. Insurance companies also put inexperienced drivers
and motorists in the pool if they do not want to write policies
for them.
The state’s insurers contribute jointly to the costs of
the CAR pool. The system allows drivers to choose any company
they want, while insurers can transfer the costs of high-risk
drivers to the pool.
The proposal put forward by the CAR governing body of insurers
would eliminate the CAR pool all together.
The elimination of the pool would impact thousands of drivers
in Roxbury and Dorchester. Forty-two percent of drivers in Roxbury
are in the CAR pool, and 35 percent of motorists in Dorchester
are in the pool — the two highest rates in the state.
Most drivers who are assigned to the pool do not know it. Opponents
of the assigned risk plan say drivers assigned to new companies
would have to deal with more paperwork and could lose discounts
offered by their present insurers.
Commerce Insurance, the state’s largest insurer, plans to
sue the state if Commissioner Bowler seeks to eliminate CAR, an
entity created by the Legislature, without legislative approval.
A July 22 hearing, the only forum for public input on the plan,
was dominated by representatives of insurance agencies, according
to consumer advocate Stephen D’Amato, who attended “I
think everyone assumed the whole thing was wired and the commissioner
was going to approve it,” said D’Amato, executive
director of the Center for Insurance Research. “But at the
public hearing [July 22], the attorney general proposed a consumer
protection plan that ameliorates all the problems of some people.”
Supporters of the assigned risk plan, which is similar to plans
used in most other states, say that it would be the best way to
ensure that all insurers pay their share of the high risk market.
Bowler’s spokesman, Chris Geotcheus, underscored the high
cost to insurers for high risk drivers in Massachusetts.
“In 2003, the losses incurred by insurers for high risk
drivers in the CAR pool was $380 million,” he said. “Switching
to an [assigned risk] system would encourage insurers to reign
in losses, some of which are undoubtedly fraud.”
The plan, which would be enacted in phases beginning in January
and would only take full effect in 2007, is just one piece of
Governor Mitt Romney’s push to reduce consumer protections
and open up the state’s insurance market to more competition.
Romney has established a commission to look at introducing competitive
rating to Massachusetts. Currently, the state sets the rates that
all insurers must abide by.
The last time the state tried competitive rating was for six months
in 1976, when soaring rates for inner city residents forced elected
officials to backtrack and restore rate protections.
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