HLS 14RS-5433 ORIGINAL Page 1 of 4 Regular Session, 2014 HOUSE CONCURRENT RESOLUTI ON NO. 211 BY REPRESENTATIVE HARRISON INSURANCE/HOMEOWNERS: Requests the Department of Insurance to study the issues of the availability and affordability of homeowners' insurance in coastal and intercoastal areas of the state A CONCURRENT RESOLUTI ON1 To urge and request the Department of Insurance to study the issues of the availability and2 affordability of homeowners' insurance in the coastal and intercoastal areas of the3 state, particularly in light of the recent enactment of a state uniform construction4 code, by establishing a task force and to report its findings to the legislative5 committees on insurance.6 WHEREAS, premiums for homeowners' insurance coverage throughout the state7 have significantly increased, especially since Hurricane Katrina in 2005; and8 WHEREAS, homeowners' insurance premiums for insureds living in the coastal and9 intercoastal parishes are substantially higher than of those insureds living in other parishes10 throughout the state; and11 WHEREAS, the system for ratemaking is regulated by the Department of Insurance12 pursuant to the Louisiana Insurance Code; and13 WHEREAS, the purpose of rate regulation is to promote the public welfare by14 regulating insurance rates to the end that they shall not be excessive, inadequate, or unfairly15 discriminatory and to authorize and regulate cooperative action among insurers in16 ratemaking; and17 HLS 14RS-5433 ORIGINAL HCR NO. 211 Page 2 of 4 WHEREAS, various standards and methods are used during the ratemaking process1 in determining whether or not to adjust the amount of a homeowner's insurance policy2 premium when a policy is renewed; and3 WHEREAS, in 2005, Act No. 12 of the First Extraordinary Session of the Louisiana4 Legislature, which established a state uniform construction code, to be administered by the5 Louisiana State Uniform Construction Code Council, was enacted; and 6 WHEREAS, at that time, it was asserted that if more homes in the state's coastal and7 intercoastal parishes were constructed or retrofitted to meet the requirements of the newly8 enacted state uniform construction code, insurers might be more inclined to write more9 homeowners' insurance policies in those areas and premiums for homeowners' insurance10 policies in those areas might become more available and affordable due to competition; and11 WHEREAS, despite the number of homes in the coastal and intercoastal parishes of12 this state which were subsequently constructed or retrofitted to meet the requirements of the13 state uniform construction code, to this date, for some residents in those areas, homeowners'14 insurance remains unavailable or unaffordable; and15 WHEREAS, House Bill No. 470 of the 2014 Regular Session of the Louisiana16 Legislature would have required insurers admitted to write homeowner's insurance in this17 state to provide homeowner's insurance coverage, including windstorm and hail coverage,18 on any residential structure that has been constructed or retrofitted in compliance with the19 State Uniform Construction Code; and 20 WHEREAS, House Bill No. 470 was referred to the House Committee on Insurance21 but was not reported by the committee for consideration by the full House of22 Representatives; and 23 WHEREAS, it is imperative to understand the ratemaking process and all24 information used by the insurance industry in order to better inform insureds of the reasoning25 behind the premiums for their homeowner's insurance policies, especially those insureds26 living in the coastal and instercoastal parishes.27 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 28 urge and request the Department of Insurance to study the issues of the availability and29 affordability of homeowners' insurance in the coastal and intercoastal areas of the state,30 HLS 14RS-5433 ORIGINAL HCR NO. 211 Page 3 of 4 particularly in light of the recent enactment of a state uniform construction code, by1 establishing a task force.2 BE IT FURTHER RESOLVED that the membership of such task shall be as follows:3 (1)The state's commissioner of insurance or his designee.4 (2)The chief actuary for the Department of Insurance or his designee.5 (3)The deputy commissioner for the Office of Property and Casualty within the6 Department of Insurance or his designee. 7 (4)A representative from the Louisiana Citizens Property Insurance Corporation.8 (5)A representative from State Farm Fire and Casualty Company.9 (6)A representative from Allstate Indemnity Company.10 (7)A representative from Louisiana Farm Bureau Mutual Insurance Company.11 (8)A representative from Liberty Mutual Fire Insurance Company.12 (9)A representative from the Property and Casualty Insurance Association of13 America.14 (10)A representative from the American Insurance Association.15 (11)A representatives from the Louisiana Insurers' Conference. 16 (12)A representative from the Independent Insurance Agents and Brokers of17 Louisiana.18 (13)A representative from the Professional Insurance Agents Association of19 Louisiana. 20 (14)A representative from the Louisiana State Uniform Construction Code21 Council.22 (15)A representative from the Louisiana State Licensing Board for Contractors.23 BE IT FURTHER RESOLVED that commissioner of insurance shall notify the24 various organizations nominating members of the task force, that the names of such25 nominees shall be submitted to the commissioner no later than July 1, 2014, and that the26 commissioner shall convene the first meeting of the task force no later than August 1, 2014.27 BE IT FURTHER RESOLVED that the commissioner of insurance shall designate28 the chairperson of the task force from its membership.29 HLS 14RS-5433 ORIGINAL HCR NO. 211 Page 4 of 4 BE IT FURTHER RESOLVED that the task force shall provide for the manner and1 frequency of its meetings at its first meeting and shall be staffed by the Department of2 Insurance.3 BE IT FURTHER RESOLVED that the task force shall meet as necessary, shall4 report its findings to the Department of Insurance no later than December 31, 2014, and5 shall terminate upon the date of submission of its report or upon December 31, 2014,6 whichever occurs first.7 BE IT FURTHER RESOLVED that the Department of Insurance shall submit its8 findings from the study by the task force in the form of a report, including any9 recommendations for changes to the laws, regulations, and procedures governing the10 ratemaking process, to the House Committee on Insurance and the Senate Committee on11 Insurance on or before January 15, 2015.12 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the13 commissioner of insurance.14 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Harrison HCR No. 211 Urges and requests the Department of Insurance to conduct a study of the issues of the availability and affordability of homeowners' insurance in the coastal and intercoastal areas of the state, particularly in light of the recent enactment of a state uniform construction code, by establishing a task force and to report findings and recommendations to the legislative committees on insurance on or before Jan. 1, 2015.