For the benefit of both first party insureds and third party claimants, it is vital for State Departments of Insurance to consider whether existing regulations meet consumers' present needs. As each day brings new technology, preferences, and regulation, it is imperative for Insurance Departments to keep pace. For example, while Insurance Commissioners are charged with regulating the insurance industry, is your department actually regulating all of the areas for which insurers assert McCarren-Ferguson Act exemption? Have you opened discussions with consumers about insurers harvesting information from event data recorders without express permission? Do you consider whether insurers encroaching into the vehicle repair arena must be registered or licensed as repairers?
Because third parties are often unaware of the dynamics involved in coverage issues and vehicle repair, they increasingly find themselves struggling with insurers to obtain proper repairs to the damaged vehicle and appropriate compensation for its loss in value. Too often, claims representatives use the absence of a contractual obligation to ignore or devalue legitimate claims made by third parties, and state regulations may not provide any recourse for the claimant. Because of our intimate knowledge of the interplay among insurers, repairers, parts suppliers, manfucturers, vehicle dealers, brokers, and consumers, we have the ability to provide timely, accurate information to assist you in your development of policies and regulations.