About Emily Holbrook

Emily Holbrook is a former editor of the Risk Management Monitor and Risk Management magazine. You can read more of her writing at EmilyHolbrook.com.
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The Flu Tackles College Football Teams Nationwide

This college football season may see more upsets than usual — it may also see more blame placed on the flu.

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 Earlier this month, outbreaks were reported at numerous universities — all in time for the beginning of the football season.

These schools, and hundreds of others, are not out of the weeds just yet.

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The height of flu season is the month of October — a month that may see third stringers running plays instead of warming the bench.

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Regulation of the Insurance Industry

I was lucky enough to attend a conference on the regulation of the insurance industry, held yesterday at NYU’s Stern School of Business.

What was most interesting during this meet-up of industry minds, was the discussion between Roger Ferguson and Eric Dinallo. For a quick background, Ferguson is president and CEO of TIAA-CREF and a member of Obama’s Economic Recovery Advisory Board. Ferguson also has experience working with SwissRe and the U.S. Federal Reserve System.

Dinallo recently served as the superintendent of the New York state insurance department. He has also worked with U.S. Treasury, the Federal Reserve Bank of New York and has testified to in front of Congress 11 times — calling for the regulation of the credit default swaps (CDS) that were integral to the creation of the financial crisis.

The two met for an early morning, head-to-head discussion of the federal regulator option with their moderator, John H. Biggs. Ferguson began the discussion, stating his views on the oft-discussed Optional Federal Charter (OFC) proposal that would allow insurance companies to choose a single, federal regulator instead of what some see as an onerous, 50-state regulatory scheme.

“I think the reality is that insurance and reinsurance are the key shock absorbers in this country,” said Ferguson. “We at TIAA-CREF should have the creation of an Optional Federal Charter. We think it should be optional for many reasons, one being that international insurers would have the benefit of a regulator  — it’s the argument for consistency of treatment — there needs to be consistency across the various segments of financial services. Also, dual regulation, as we have in financial services, could be applied to insurance.”

In response to that, Dinallo fired back with his own thoughts on the OFC. “Insurance performed extremely well under the crisis — I think the industry should be proud,” he said. “There might be areas where OFC may be a good idea, such as reinsurance and monolines. However, I think the optional part of the federal charter is a disaster. It’s like AIG having the Office of Thrift Supervision supervise them even though 99% of their business wasn’t in thrift. I don’t agree that the federal charter should be optional, unless Tim Geithner wants a stack of auto insurance complaints on his desk.”

Also on hand were Viral V. Acharya, professor of finance at the Stern School of Business, Matthew Richardson, professor of applied economics at Stern, and Stephen Ryan, professor of accounting at Stern. These three, along with John H. Biggs, former chairman, president and CEO of TIAA-CREF and current professor of finance at Stern, published a white paper entitled On the Financial Regulation of Insurance Companies. Within it, the four academics discuss numerous proposals for regulation of the industry, including the OFC.

So, what do you think — the optional federal charter … needed or not?

Judge Issues Harsh Ruling on BOA/Merrill Deal

The New York Times reported that Judge Jed S. Rakoff has refused to approve a $33 million deal “that would have settled a lawsuit filed by the Securities and Exchange Commission against the Bank of America.”

Judge Rakoff cited BOA’s disclosure of controversial bonuses paid to Merrill Lynch employees, which amounted to $3.6 billion and were paid out just before Merrill was acquired by BOA.

He accused the S.E.C. of failing in its role as Wall Street’s top cop by going too easy on one of the biggest banks it regulates. And he accused executives of the Bank of America of failing to take responsibility for actions that blindsided its shareholders and the taxpayers who bailed out the bank at the height of the crisis.

The SEC could appeal Judge Rakoff’s decision, drop the case, take it to trial against the bank, or pursue charges against individuals.

Storm Summary 7

Welcome to the fifth “Storm Summary” post of the hurricane season.

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Each Friday from now until the official end of the season (November 30) I will post an update on past and present storms, like the following:

NAME PEAK STATUS DATE LOCATION DAMAGE
Andres Cat. 1 6/23 to 6/24 Southeast Pacific Moderate damage
Carlos Cat. 2 7/10 to 7/16 East Pacific None 
Felicia Cat.  4 8/3 to 8/11 East Pacific None 
Guillermo Cat. 3 8/12 to 8/19 East Pacific None 
Bill Cat. 4 8/15 to 8/24 Mid Atlantic  No major damage
Fred Cat. 3 9/8 to present South Atlantic None 

Hurricane Fred developed into a category 3 storm early this morning. It remains active about 745 miles west of the Cape Verde islands and poses no immediate threat the the United States.

Though the Atlantic has only seen three named storms, the waters of the Pacific are seeing constant activity, due, in part, to El Niño, which is “the periodic warming of central and eastern tropical Pacific waters [that] occurs on average every two to five years and typically lasts about 12 months.” Although most people think of this phenomenon in negative terms for the damage it can spur on the West Coast, it is actually beneficial to the East Coast/Gulf Coast in the sense that warmer waters in the Pacific usually create conditions that suppress Atlantic hurricanes.

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Why exactly this occurs is not something I’m qualified to explain but, as I recall, it has something to do with warm and cool air mixing in a different way and creating a “wind shear” that helps prevent storms from developing. The International Research Institute for Climate and Society can probably explain it better.

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For constant, up-to-date storm information, visit NOAA. And for breaking information on the insured losses the storms create, check out the Insurance Information Institute and theInsurance Services Office.

Most importantly, don’t forget to check back next Friday for our eighth “Storm Summary” installment.

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