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RIMS Virtual Advocacy Week: A Q&A with Florida Insurance Commissioner David Altmaier

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Today, RIMS is taking its annual Legislative Summit online, kicking off the first RIMS Virtual Advocacy Week. Featuring a full slate of networking, a panel on pandemic insurance, updates on the 2020 U.S. elections, and hands-on advocacy with members of Congress, RIMS Virtual Advocacy Week is still open for last-minute registrations, if you want to join in on the action.

On Wednesday, September 16, the agenda includes a fireside chat with Florida Insurance Commissioner David Altmaier, who is also president-elect of the National Association of Insurance Commissioners (NAIC). Commissioner Altmaier has held the position for four years and has been with the Florida Office of Insurance Regulation office for nearly 12.

Altmaier recently appeared on RIMScast to discuss the issues he will address in Wednesday’s session, most notably the impact COVID-19 has had on the landscape of business interruption coverage. Check out the highlights below, and download the episode for Commissioner Altmaier’s full interview and a deeper dive into other topics such as ORSA reports, the Terrorism Risk Insurance Act (TRIA) and the National Flood Insurance Program (NFIP).

What playbook did you use to prepare and react to COVID-19?

David Altmaier:  Our response initially looked a lot like what we would do for an inbound hurricane: We assembled what we call our “incident management team,” and started to look at the types of needs of consumers from an insurance standpoint. We put into place mechanisms that we thought would be helpful as the pandemic began to take hold in Florida and around the United States. And we saw insurance commissioners around the country doing the same thing, obviously, as the pandemic unfolded and we started to see other risks and concerns emerge.

COVID-19 has been at the forefront of all of our regulatory discussions going back to March of this year. and that will continue to be at the forefront of our discussions even after the pandemic has concluded.

Business interruption insurance is closely tied to it and has emerged as one of the more pressing insurance issues as a result of the pandemic. We have seen issues like telemedicine and catastrophe response in a virtual setting, for example, also come up as a result. [That has] impacted how we go to work every day and how we interact with our stakeholders, and I think those will be some worthy discussion topics as well.

How can the risk management community drive meaningful change in regulations, policies and legislation?

DA: As discussions take place about an event that we haven’t seen in a really long time, like a pandemic, there will be a lot of ideas that come up in terms of how to react to the current pandemic, as well as how to prepare for future pandemics. And I think that, as we have those conversations, there’s going to be a multitude of stakeholders whose viewpoints are important.

Risk managers are certainly going to be at the top of that list because they are going to understand the risks that the insurance industry faces. We see ideas of what level of responsibility the insurance industry [should have] in terms of covering things like business interruption insurance. Their expertise will be invaluable as we begin to work with state and federal leaders in crafting policies that can assist with the current pandemic, as well as future pandemics.

Own Risk and Solvency Assessment, or ORSA, is a framework heralded by the NAIC. Why should risk and insurance professionals look to ORSA reports for guidance?

DA: ORSA reflects how our insurance market, along with other majors of our economy, evolves over time and responds to new and emerging risks. It’s a constantly changing environment that regulators are trying to evolve along with, and our teams here in the insurance departments are trying to make sure that we stay ahead of the curve in terms of identifying those emerging risks.

The ORSA report is a glimpse into the thought process for our larger companies and groups into the boardroom and into the C-suites. [It features] theories on their own risk and how their unique position in the marketplace might expose them […] and require them to take steps to mitigate those risks. It’s a really critical piece of information for regulators to have as we build our own supervisory plans, going forward. Obviously, the pandemic that has occurred—like with any catastrophe—potentially highlights things that may have previously not been considered.

Let’s talk about force majeure. The pandemic has inspired new legislation to be drafted that affects the language of insurance policies in an effort to cover interruption. Where does the NAIC stand on that?

DA: NAIC sent feedback to Congress early on, in early to mid-March, with our thoughts that requiring carriers to cover losses that weren’t previously contemplated under the policy forms could do a lot more long-term harm than short-term good.

We have seen some state houses file state legislation that would be similar, in that it would require carriers to cover business interruption losses even if the policy forms didn’t contemplate that. We’ve sort of left it to individual insurance commissioners in those states to work with their legislatures on what’s best for their market.

RIMS Report: Risk Management Implications of Conflicting Federal and State Cannabis Laws

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The RIMS External Affairs Committee has issued a new Legislative Review discussing the challenges risk professionals may face regarding the cannabis laws in the United States.

Available exclusively to members, The Risk Management Implications of Conflicting Federal and State Cannabis Laws is designed as a resource for risk professionals representing cannabis businesses, as well as landowners and landlords who often face a range of issues as a result of the disconnect between state and federal cannabis laws.

The sale, possession and use of marijuana has been fully and partially decriminalized in many states, but is still federally recognized as a “Schedule I Narcotic” under the Controlled Substances Act. This has led to conflicting interpretations of the law and unwittingly put many companies at risk of breaking the law.

“The members comprising our external affairs committee have been monitoring the developments related to cannabis for years,” said Whitney Craig, RIMS Government Affairs Director. “There are few absolutes when it comes to cannabis in the United States, but the review provides a concise guide to help members navigate through the challenges posed in this evolving industry.

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The review discusses:

  • how and when to navigate between state and federal laws
  • the risks of a marijuana business opening a bank account
  • what types of businesses are subject to federal drug raids
  • how these laws and risks impact residential and commercial owners
  • insurance resources
  • and more.

“Until the Controlled Substances Act is amended to remove marijuana as a Schedule I Narcotic, there is always some risk that shifting political winds or other factors in the area where the business is located may result in prosecution, even where marijuana has been legalized or decriminalized,” the report states. “Careful due diligence and legal advice from counsel familiar with this area of law is always a wise choice.”

The report touches on a number of new cannabis industries, such as delta 8 THC which has become popular in Texas due to the recent DSHS ban. There are a number of merchant services that will process payments for delta 8 THC products, and there are also a number of banks who will accept these clients, according to delta 8 vape manufacturer Area 52.

The report is currently available exclusively to RIMS members.

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To download the report, visit RIMS Risk Knowledge library at www.RIMS.org/RiskKnowledge. For more information about the Society and to learn about other RIMS publications, educational opportunities, conferences and resources, visit www.RIMS.org.

Risk Management magazine has covered the risks that growing marijuana can pose to commercial or residential property.

RIMS Legislative Summit Focuses on NFIP Renewal

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WASHINGTON, D.C.—The menacing presence of Hurricane Florence turned the focus at the RIMS Legislative Summit to the National Flood Insurance Program (NFIP), an ever-important issue for business owners across the country.

The NFIP has been extended several times since September 2017 and the next deadline to reauthorize the program is Nov. 30. The summit’s timing was especially relevant as Hurricane Florence approached the Eastern Seaboard just 300 miles south of the summit, expected to make landfall on Friday.

An Industry Perspective of Federal Legislative Issues
Moderated by Whitney Craig, RIMS director of government relations, a panel discussion, “NFIP & Beyond” featured insight from Jennifer Webb, counsel for the Independent Insurance Agents and Brokers of America, and Joel Wood and Blaire Bartlett of the Council of Insurance Agents & Brokers and its CouncilPAC.

The panelists came to a consensus that a reauthorized NFIP was critical, and that upcoming midterm elections would influence the amount of time an extension would be granted. They acknowledged that a gap in coverage is certainly not ideal and said their offices are working on a bi-partisan resolution.

Bartlett said that improving NFIP through privatization will be a give-and-take process.

“To its credit, FEMA has done what it is able to do as far as claims processing goes. They have taken a multiyear look. If you want to open up the private markets, that will have to be balanced with some claims legislation—we’re going to have to give in some on claims language,” Bartlett said, noting that, “If Hurricane Florence does hit the Carolinas, some of the members may not be willing to call out the federal government the way New Yorkers did after Hurricane Sandy in 2012.”

And while there were some civil disagreements, the trio did find some common ground. For example, FEMA’s flood maps were rebuked for failing when put to the test by a real flood as seen in Houston in 2017 following Hurricane Harvey.

“I think we can agree that NFIP needs some modernizations, but there’s a way to do that without closing down a program that is being used by 5 million people,” Webb said.  “We didn’t see that in Texas but we could see it in the Carolinas.”

Congressional Staff Panel
This panel featured two senior congressional staffers for the U.S. House of Representatives – John Y. Hair, financial services committee designee for Congressman John Duffy (R-WI); and Lucas West, legislative director for Congressman Blaine Luetkemeyer (R-MO).

Discussions largely centered on NFIP reauthorization, Hurricane Florence and the upcoming elections.

“We have just over two months to get it through before the expiration and it’s really on the Senate. We’re putting pressure on the Senate for a long-term, five-year bill that actually makes some reforms,” Hair said.

Also discussed was the Terrorism Risk Insurance Act (TRIA), which created a temporary federal program that provides public and private compensation due to terrorism-related losses, which is set to expire in December 2020. And while the traditional issues of insurance were discussed, cybersecurity, data breaches and even autonomous vehicles were also included.

Regarding autonomous vehicles, Hair said, “Certainly, access to data is going to be important on decisions regarding ‘who’s going to take the liability [in the event of a crash]?’ This could lead to a huge push to reform our liability system. We’re engaging in the risk of [commercial and taxi driver] licenses right now.”

Midterm Election: Insider Update
Mike Gula, co-founder of Gula Graham, the largest Republican fundraising firm in the U.S., discussed how attendees, members and their companies can strategically position themselves with upcoming midterm elections in November.

Gula said that because dozens of congressional seats are up for grabs in the election, companies and insurers may need to prepare for changes to laws that will impact their policies and coverage.

On day two of the summit, dozens of RIMS members descended on Capitol Hill for meetings with congressional leaders. The goal was to share RIMS priorities for a long-term, reauthorized NFIP via H.R. 2874, the 21st Century Flood Reform Act, and funding for non-regulatory maps that project future flood risks. Later, in the Rayburn House Office Building, Florida Congressman Dennis Ross spoke to RIMS members and echoed their sentiments about NFIP and how flood maps were in desperate need of a thorough update.

Access RIMScast coverage of the summit.

RIMS Legislative Summit 2017: Focus on Flood

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WASHINGTON—The RIMS Legislative Summit kicked off on Wednesday in Washington, D.C. with a panel lead by Congressional office staff.

Panelists included: Democratic Staff in the U.S. House of Representatives; Jason Tuber, Senior Advisor to Senator Menendez (D-NJ); Ed Skala, Deputy Staff Director for the House Financial Services Committee; and Brandon Beall, Professional Staff Member, Office of Senate Committee on Banking, Housing and Urban Affairs; as well as Lisa Peto, chief counsel for the Financial Services Committee.

The focus was the once-again looming expiration of the National Flood Insurance Program (NFIP). The program that was set to expire in September, but was saved with a temporary extension now set to expire again on Dec. 8.

The panelists, each of whom began with the disclaimer that these were their opinions and not the opinions of their office, came to a consensus that a new NFIP was critical, that a gap in coverage is certainly not ideal and they acknowledged that their offices were working on a bi-partisan resolution.

Some of the major concerns discussed were:

  • Funding—who will fund the NFIP? If the NFIP expires or ceases to exist would the burden fall on the taxpayer and then ultimately on government anyway? Should excess flood coverage be privatized? There was also discussion on whether mandating states to offer certain protections for flood exposure would help the situation.
  • Accessibility and Affordability—what measures must be included in the new bill to not only make sure flood insurance is available but that it is available at an affordable price?
  • Residential vs. Commercial—The idea was discussed as to whether there should ultimately be two versions of the NFIP that separate residential and small businesses from large commercial businesses. It was noted that large commercial businesses might have flood coverage elsewhere or are better funded to retain some risk and, as such, should have the opportunity to opt out. This would spur new challenges to determine what qualifies a business as small or large (i.e., an online enterprise that generates considerable revenue but operates out of someone’s basement).
  • Risk Mitigation—Should risk mitigation be a part of the final bill? Incentives for both the insurer and the insured would support organizations that practice good risk management. The argument was made, however, that not all residents and not all businesses have the funds for risk management. For example, not everyone has the money in the bank to raise the height of a house or storefront.

Jim McIntyre, RIMS Washington, D.C. counsel and chair of McIntyre & Lemon stated, “It is probable that we’re looking at another extension come December. Unfortunately for the National Flood Insurance Program, bills regarding trade, healthcare and immigration will take precedent at the moment and [the NFIP] might have to wait a bit longer.”

On Day two of the summit, about 50 RIMS members descended on Capitol Hill for meetings with congressional leaders. The goal was to share RIMS priorities for a long-term National Flood Insurance Program.