Insurance overhaul proposed

By: Kyle Stock and Yvonne Wenger of The Post and Courier Staff
Originally Published on: 2/08/07  

Lawmakers want new state-owned insurer

A bipartisan coalition of lawmakers, spurred by a shake-up in the S.C. Department of Insurance and frustrated by soaring premiums, called for a new state-owned body Wednesday to insure property owners in all coastal counties, not just those on the shoreline.

The measure, sponsored by Senate President Pro Tem Glenn McConnell, R-Charleston, would also strip the governor's office of power over the Insurance Department by making the commissioner an elected, rather than appointed position.

A separate proposal called for a Senate committee to investigate operations at the Insurance Department.

Under Gov. Mark Sanford's tenure, the agency has been rocked by controversy and criticism. Eleanor Kitzman, who has led the department for the past two years, resigned Tuesday after pushing to expand areas covered by state-sponsored insurance, an idea that Sanford has argued against.

"I am not up here to bash Ms. Kitzman or anybody at the Department of Insurance," McConnell said on the Senate floor Wednesday. "I am not here to jump on it and say someone did a bad job. I am here to say we've got a problem. ... I am up here because I am really fed up."

The bill, which was modeled after similar programs in Florida, Hawaii and Gulf Coast states, would create a tax-exempt state authority that could sell bonds to insure properties in all coastal counties. The proposal would scrap the state's current wind pool, a narrow strip of shoreline where property owners who have run out of options can get coverage from an association of insurance companies. Consumers in the rest of the state would be able to buy state-backed insurance on a case-by-case basis.

Joel Sawyer, a spokesman for Sanford, said that the measure would get the state further into the insurance business, exposing taxpayers to greater risks.

"We're encouraged that Sen. McConnell said this is a starting point," Sawyer said.

Although the South Carolina coast escaped the winds of Hurricanes Rita and Katrina, the storms devastated the insurance market here. Wary underwriters have raised premiums up to four-fold, while others have abandoned an estimated 20,000 policies and left the coastline entirely.

"You got people ... that have paid insurance companies for 40 years - one lady for 41 years," McConnell said. "They got her money for 41 years without a claim, and they're just walking away from the risk."

The legislation filed Wednesday would also preclude insurance companies from "cherry-picking" clients. Underwriters that do not offer hurricane coverage for properties near the ocean would not be allowed to do business nearby if the measure becomes law. Underwriters who decide not to renew a policy would be required to warn homeowners 100 days before dropping coverage.

"You either get in there and compete or you're going to lose the market," McConnell said, noting that insurance companies that do business in the state have pocketed "fat, big profits" in the past three years.

McConnell's proposal and its passionate endorsement came on the heels of a shake-up in the state Insurance Department. Following Commissioner Kitzman's Tuesday resignation, Sanford on Wednesday tapped Sen. Scott Richardson, a Republican from Hilton Head, to replace her. Kitzman had pushed to expand the state's wind pool, a proposal that Sanford has argued against. Richardson, like Sanford, endorsed "market-based" efforts to combat surging premiums Wednesday.

McConnell said that an elected commissioner would give the department a "consumer-protection" focus.

Sen. Gerald Malloy, D-Darlington, who spoke in favor of the insurance overhaul Wednesday, filed separate legislation that calls for a senate committee to investigate operations at the Department of Insurance. He said the General Assembly needs to find out why rates have surged and why there has been so much turnover in the commissioner's office.

"We want to see those e-mails. We want to see those letters," Malloy said. "We want to see if anything could have been fixed before we make a decision on the legislation before us."

 
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