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July 2007
COMMISSIONER MCCARTY
ORDERS INSURER TO REFUND $43.2 MILLION TO CUSTOMERS
TALLAHASSEE
(06/15/2007) - Florida Insurance Commissioner Kevin McCarty
issued a Consent Order requiring United Property & Casualty
Insurance Company (United) to refund millions of dollars in
unapproved homeowners' insurance rate increases.
Last October, United
began charging its customers higher insurance rates before the
Florida Office of Insurance Regulation (Office) officially approved
the rate increase. This was allowed under Florida law at that time
and was referred to as a "use and file" rate increase.
However, the law also
stated that if, after the Office reviewed the increase and determined
that it was too high, the Office had the authority to require the
company to return to policyholders the difference between the
original rate charged and the rate ultimately approved by the
Office. Based on the latest rate collection data, the actuarial
estimate of the difference between the amount charged and the amount
approved is $43,249,714.
"Recent
legislation in Florida prohibits property insurers from using use and
file rates in the future, but United engaged in this action last year
before it was banned," McCarty said. "We will continue to
aggressively pursue all refunds and credits that are due to Florida
consumers."
The Consent Order
requires United to begin refunding immediately. Following the refund
process, the Office will ensure adequate refunds are processed by
requiring a certification from United showing the final amount.
Source:
www.floir.com
COMMISSIONER
WELCOMES EIGHT NEW PROPERTY & CASUALTY INSURERS TO FLORIDA
TALLAHASSEE
(06/04/2007) - The Florida Office of Insurance Regulation
finished a busy week before hurricane season finalizing two
applications bringing the total to eight new insurers entering the
property and casualty insurance marketplace in Florida since January
1, 2007. The insurers represent a myriad of different types of
insurance entities including surplus lines, alien, foreign, and
domestic property and casualty insurers. Together these
entities represent $1.2 billion in capital investment.
While all insurers are
important additions, the most dramatic new entrant is Ironshore
Insurance Ltd., a Bermuda-based surplus lines company.
Beginning with nearly $1 billion in equity capital, this new company
will serve a critical demand: covering commercial risk with
wind exposures in the catastrophe-prone coastal states. On May
15th, Ironshore also received approval to operate in South Carolina.
"It gives me great
pleasure to introduce new insurers to the State of Florida,"
remarked Insurance Commissioner Kevin McCarty, "These new
companies not only provide much needed investment to our marketplace,
but demonstrate the commitment of the industry to continue to conduct
business in our state."
Two other surplus lines
companies have received approval to write in Florida.
Delaware-based Praetorian Specialty Insurance Company will write
commercial multi-peril and allied lines, while the United
Kingdom-based Arch Insurance Company (Europe) Limited will target the
commercial market by focusing on the energy risks of oil companies.
Praetorian Specialty has been licensed in Florida since 2001 as an
accredited reinsurer, but has recently decided to expand into the
surplus lines market. An accredited reinsurer is an entity
permitted to sell "back-up" insurance to insurance
companies.
Florida will also
benefit from four new domestic insurers, and one domestic
reciprocal. A reciprocal is an exchange in which each insured
in the group mutually insures other insureds in the exchange.
In the past week, Modern USA Insurance Company was admitted as a
domestic insurer that will focus on mid-to-upper level homeowners
insurance, while Olympus Insurance Company, also admitted this week,
has plans to begin writing homeowners policies by the fourth quarter
of 2007.
In addition, American
Keystone Insurance Company will write homeowners insurance for values
structured from $250,000 to $3 million; Homeowners Choice Property &
Casualty Insurance Company plans to take-out 15,000 to 20,000
policies from Citizens Property Insurance Corporation in July.
The only reciprocal company in this group of companies, Privilege
Underwriters Reciprocal Exchange, Inc., will target high net worth
clients in Florida in the homeowners and personal auto lines.
Source:
www.floir.com
U.S. DEPARTMENT OF
LABOR'S OSHA WORKING OVERTIME TO ENSURE CONSTRUCTION SITES ARE SAFE
FOR EMPLOYEES
SATURDAY
SAFETY AND HEALTH INSPECTIONS ARE ROUTINE DURING PEAK CONSTRUCTION
SEASON
CHICAGO -- The U.S.
Department of Labor's Occupational Safety and Health Administration
(OSHA) is working overtime during the busy construction season to
ensure builders are following proper safety and health standards for
their employees. The agency is conducting unannounced Saturday
inspections of construction work sites as part of its Summer Weekend
Construction Inspection Program.
"We have found
that some construction sites are not as vigilant about maintaining
required safety practices during weekends," said Michael
Connors, OSHA's Midwest regional administrator. "The OSHA
standards are proven methods of keeping employees safe and are to be
followed seven days a week, 365 days a year."
OSHA's mission is to
assure the safety and health of America's working men and women by
preventing injuries, illnesses and fatalities. The agency has a
vigorous enforcement program, having conducted more than 38,000
inspections last year and exceeding its inspection goals in each of
the last seven years. In fiscal year 2006, OSHA found nearly 84,000
violations of its standards and regulations. The Summer Weekend
Construction Inspection Program has been very successful since its
inception three years ago.
The building and
construction industry is one of the most dangerous for employees. The
private construction industry accounted for 1,186 fatal work injuries
in 2005, the most of any industry sector, and representing about one
out of every five fatal work injuries in all industries.
Source:www.osha.gov
COMMISSIONER STEVE
POIZNER SIGNS OPERATING AGREEMENT WITH GERMAN INSURANCE DEPARTMENT
Historic Accord Allows
for Investigative Assistance and Information Exchange
SACRAMENTO - Today
Insurance Commissioner Steve Poizner signed a memorandum of
understanding (MOU) with the Bundesanstalt für
Finanzdienstleistungsaufsicht (BaFin), the regulatory and supervisory
body for all insurance business transacted in Germany. This is the
first-ever MOU between the California Department of Insurance (CDI)
and a foreign country.
"Consumers in
California and Germany will be better protected with this agreement
in place," said Commissioner Poizner. "Our insurance
industries will be better served, too."
The MOU provides a
formal basis for reasonable cooperation and coordination between the
CDI and the BaFin to exchange information and, where appropriate,
investigative assistance regarding companies and persons engaged in
the business of insurance.
The MOU does not modify
or supersede any laws or regulatory requirements applicable to the
CDI or the BaFin. It also contains privacy provisions that protect
confidential information of persons and/or companies, yet allows for
more efficient performance of each entity's duties.
"I believe this
MOU will provide a blueprint for future agreements between California
and other nations," added Commissioner Poizner. "In a flat
world, business is more migratory than ever so governments must work
together regardless of boundaries."
Source
www.insurane.ca.gov
U.S. LABOR
DEPARTMENT'S OSHA EMPHASIZES SCAFFOLD SAFETY AFTER CITING CONTRACTOR
FOR HAZARDS AT NYACK, N.Y., JOBSITE
TARRYTOWN, N.Y. -- The
U.S. Department of Labor's Occupational Safety and Health
Administration (OSHA) has cited a Mt. Vernon, NY Painting Contractor
for alleged willful and serious violations of scaffolding safety
standards at a Nyack, N.Y., jobsite. The company faces $24,800 in
proposed fines.
OSHA's inspection of
the worksite found that the painting contractor’s employees were
exposed on two occasions to fall hazards of 13 feet while working
without fall protection on a two-tiered tubular welded scaffold that
was not fully planked. The lack of planking and fall protection
resulted in two willful citations, carrying $14,000 in fines.
The inspection also
found that the scaffold was unstable, missing required cross-bracing,
located within 14 inches of live electrical wires, and had not been
erected under the supervision of a competent person. Other hazards
included lack of head and foot protection, an uncovered hatchway, a
ladder of inadequate height, and failure to train employees to
recognize hazards associated with scaffolding work and ladders.
Twelve serious citations with $10,800 in fines were issued for these
conditions.
"While it's
fortunate that no accident occurred here, the potential for death or
serious injury was real and present," said Diana Cortez,
director of OSHA's Tarrytown Area Office, which covers Rockland,
Westchester and Bronx Counties. "With construction season in
full swing, I'm calling upon all area employers, large and small, who
use scaffolding to review their equipment, procedures and training to
minimize hazards and maximize employee safety." Detailed
information on scaffold safety, is available on OSHA's Web site at
www.osha.gov/SLTC/scaffolding/index.html.
OSHA defines a willful
violation as one committed with an intentional disregard of, or plain
indifference to, the requirements of the Occupational Safety and
Health Act and regulations. A serious citation is issued when death
or serious physical harm is likely to result from a hazard about
which the employer knew or should have known.
The company has 15
business days from receipt of the citations to request and
participate in an informal conference with OSHA's area director or to
contest the citations before the independent Occupational Safety and
Health Review Commission. The inspection was conducted by OSHA's
Tarrytown Area Office, telephone (914) 524-7510.
Source:
www.osha.gov
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