NY Regulator Says Existing Insurance Controls Are Adequate
18 June 2009 - 3:30AM
Dow Jones News
The failure of American International Group (AIG) is one driver
behind the Obama administration's call for a new federal insurance
office, but a key state regulator says the problems started
elsewhere.
"The insurers in the AIG system had a lot of capital set aside
for their commitments," unlike AIG's derivatives-selling unit,
which was supervised by the Office of Thrift Supervision, said Eric
Dinallo, New York's insurance superintendent and the main insurance
regulator for AIG, in a Tuesday interview. Dinallo has called for
insurer regulation to stay with the states; the Obama
administration Wednesday is asking that the Office of Thrift
Supervision be closed under its proposed revamp of federal
regulations.
A draft proposal for expanded federal financial regulation
released late Tuesday calls for a new Office of National Insurance
"to gather information, develop expertise, negotiate international
agreements, and coordinate policy in the insurance sector,"
according to the draft.
It is unclear what role will remain for the existing system of
50 state insurance departments, which the proposal says "led to a
lack of uniformity and reduced competition across state and
international boundaries, resulting in inefficiency, reduced
product innovation, and higher costs to consumers." A spokeswoman
for the National Association of Insurance Commissioners did not
immediately have a response to the proposal.
Dinallo, who oversees many of the largest insurance companies in
the U.S., said that supervision of big insurers was fragmented,
with state regulators having authority only over the companies'
insurance businesses, but not their holding companies or other
non-insurance businesses. AIG Financial Products, the unit that
lost billions through insurance-like derivatives called credit
default swaps, was under the supervision of the Office of Thrift
Supervision, Dinallo said.
As to the holding companies that own the insurance businesses in
a complex corporate structure, Dinallo suggested that it might be a
good idea to increase oversight, but he didn't say how that should
be done.
The draft proposal calls on the new federal office to make
recommendations on "any insurance companies that the Office
believes should be supervised as Tier 1" financial holding
companies. The government's draft white paper says Tier 1 FHCs are
"firms whose failure could pose a threat to financial stability."
The draft doesn't spell out whether it will co-exist with state
regulation.
Dinallo and others said insurance companies generally have
enough money set aside to pay potential claims. Even life insurers
that applied for Treasury capital did so to boost ratings or for
reasons other than paying claims, he said.
"I don't dispute we could set up a system where we have more
capital set aside, but frankly the states did a good job" of
requiring adequate capital for the insurance industry, Dinallo
said.
Dinallo has set higher capital requirements for some insurers,
including bond insurers, but even bond and life insurers have
remained solvent, through the crisis, though their capital has been
depleted, he said.
Dinallo made the controversial decision in February to allow
troubled bond insurer MBIA Inc. (MBI) to split its public finance
business from the business that insured mortgage-backed and other
structured securities. A group of banks have sued over the split,
claiming it removes capital that should be used to cover their
insurance. Dinallo said he couldn't comment on the lawsuit, but
said that bond insurers remain solvent.
At a Congressional hearing Tuesday, Teresa Bryce, president of
mortgage insurer Radian Guaranty Inc. (RDN) argued against new
federal-level regulation.
Mortgage insurers do not pose a systemic risk to financial
markets because of the insurers' "substantive reserve
requirements," she said in prepared testimony.
"We don't create risk, we help absorb risk" by paying claims to
lenders when borrowers default on their mortgages, Bryce said in an
interview Tuesday.
Mortgage insurers have asked for government help in raising
capital, but Bryce said the money is needed to write more
insurance, not to pay off claims already made.
-By Lavonne Kuykendall, Dow Jones Newswires; (312) 750 4141;
lavonne.kuykendall@dowjones.com