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7
Illustrative Areas Giving
Rise to Both Solidity and
Marketplace Regulatory Concerns

Chapter Outline

  • THE SPECIAL PROBLEM OF AIDS

  • Impairing Insurer Financial Condition: The Ability to Underwrite Discrimination
    Privacy
    State Insurance Regulatory Activity
    Inapplicability of Federal Legislative Provisions Protecting Handicapped Persons
  • DETERRENCE OF AND SANCTIONS AGAINST FRAUD

  • Insurance Claims against an Insurer
    Business Relationships
    Internal Fraud
    Federal Antifraud Statutes
  • REGULATION FOR SOUND INSURER MANAGEMENT

  • CONVERSION: MUTUALIZATION/DEMUTUALIZATION

  • Mutualization of Stock Insurers
    Demutualization of Mutual Insurers

     

    Up to this point the discussion of the substantive content of state insurance regulation has fallen neatly into two categories: first, regulation fostering the reliability of the insurance institution to perform its insurance obligations and second, regulation focusing on insurer operations to enhance reasonable, equitable and fair treatment of policyholders. Here, discussion will consider illustrative aspects of insurance regulation impacting both insurer financial solidity and insurer treatment of policyholders, including such areas as (1) AIDS, (2) fraud, (3) sound management, and (4) conversions (that is, mutualization and demutualization). Subsequently, consideration will be given to life insurance company affiliations involving acquisitions, mergers and holding companies.

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