House Financial Services Subcommittee Issues Testimony From National Association of Professional Insurance Agents
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My name is
I was born and raised in
Founded in 1931, PIA is a national trade association that represents independent insurance agencies and their employees. Our members sell and service all kinds of insurance, but we specialize mostly in Property & Casualty insurance. We represent independent insurance agents in all 50 states,
We strongly supported the
I. Background
The National Flood Insurance Program (NFIP) was created in 1968 to provide property owners in the
The
A long-term reauthorization of the NFIP is crucial to the program's longevity because the NFIP continues to provide critical support to all flood-prone areas. We support the growth of the private market for flood insurance products, but private flood insurance is not available nationwide and is sometimes unavailable in the areas where it is needed most.
II. Essential Role of the Independent Agent The NFIP is a public-private partnership between the federal government and insurance companies, which are referred to as "Write-Your-Own" (WYO) carriers. The federal government enters into a contract with each WYO selling NFIP products, and each WYO uses insurance agents to sell those products to consumers. Independent agents have separate contracts with each WYO whose NFIP policies they sell.
Independent insurance agents generally serve as the first point of contact for a potential consumer inquiring about flood insurance, and they represent potential policyholders as they navigate this complicated program. Agents are essential resources for property owners trying to make educated choices about the need for and purchase of flood insurance policies for their homes and businesses. More often than not, agents also receive the first call policyholders make after a flood loss.
Purchasing an NFIP policy is a difficult process for consumers; it requires the aid of agents with specialized knowledge, especially now that all policies are subject to the new RR 2.0 methodology. Additionally, even before the RR 2.0 transition, the flood policy purchasing process was very different from and more complex than that of a standard homeowners' or auto policy; that remains true today. Selling flood insurance demands far more effort from agents than selling other insurance products. With the private market growing, and state statutory and regulatory oversight of the private market evolving all the time, agents must compare the NFIP to the private market for eligibility, coverage options, and pricing; inform policyholders and prospects of their results; and offer options if available.
To effectively serve their customers, agents must remain up to date on ever-changing laws and regulations governing flood insurance coverage requirements, and, historically, they have also had to keep pace with the constant evolution of applicable floodplain maps, flood zones, specialized terminology, and relevant community participation. In the current RR 2.0 environment, they are also tasked with gathering dozens of data points about each of the properties they cover to provide the RR 2.0 rating engine with a complete picture of the property they are insuring.
At renewal time, agents review notices for accuracy (name[s] of insured[s], mailing address, location of insured property, scope of coverage, and identification of any liens and lienholders); research legal changes that could affect coverage or premium rates and the existence of other policies that could cause a gap in coverage; obtain and enter the new data points required by RR 2.0; and, during the first six months RR 2.0 was in use, determine when each policy was eligible for renewal into the RR 2.0 system. Agents work with policyholders to ensure renewal payments are received in a timely way, sends policyholders reminders as the expiration date approaches, and warns of cancellation for nonpayment of a policy for which renewal is intended.
Perhaps most importantly for consumers, independent agents support their clients after a flooding event, even when that event also affects the agents' own homes and businesses. Once a flood occurs, agencies often make customer service representatives available nearly around the clock in shifts. Agencies will sometimes hire extra staff to assist in navigating the complicated claims process. Often, the entire agency staff has itself been affected by the flood from which their clients are recovering; however, they recognize their responsibility to put their clients first. Because floods frequently damage an entire neighborhood or community at once, an agent usually does not have the luxury of handling just one claim arising from one flood; rather, a single agent or agency could be handling many claims, all arising from a single flood.
Over the past year, agents have also been fielding constant questions from lenders, builders, community floodplain managers, realtors, and clients about the effect RR 2.0 would have on different aspects of the program. But without a clear understanding of how each rating factor works, agents cannot answer these questions. The flood insurance program has always been a complex program with a steep learning curve, but RR 2.0 has exacerbated it and sometimes placed agents in the uncomfortable position of being unable to answer the inquiries of consumers and others. The workload of independent agents around the country increased exponentially once
Independent agents' businesses, like those of many salespeople, are built on their reputations. They use their skill and experience to answer clients' questions and alleviate their concerns. Agents have spent the past year investing time, money, and manpower to familiarize themselves and their employees with a completely new rating methodology, but they often face a ubiquitous yet unanswerable question: Why did my rate increase so much?
III. Risk Rating 2.0
We strongly support RR 2.0 because it will make the NFIP more solvent while also providing policyholders with more accurate information about their properties' flood risk. With better information, we hope property owners will learn more about their risk of flood, engage in mitigation efforts where needed, and, ultimately, purchase flood insurance that matches their risk.
Moreover, we support the continued use of statutory caps, to provide consumers with a gradual progression toward actuarially sound rates. Risk-based rates are essential for stabilizing the NFIP financially, but their gradual implementation is key and should be accompanied by clear and frequent communication.
a. Implementation
Last October,
This past April,
b. Affordability and Transparency
As independent agents have gained experience with RR 2.0, we have seen that we need more information from
Every day, all over the country, agents begin the process of renewing a policy into RR 2.0 by entering the required datapoints into the new rating engine. Often, based on our years of experience, and our growing experience working with RR 2.0, we expect the system to produce a rate within a certain range. Sometimes our expectations are met, but, in many cases, we are surprised at the quotes returned by the system. Clients we expected would experience rate increases do not, while those we expected to benefit from it do not.
Agents have discovered that the legacy rating system credited consumers for mitigation measures in a way that the new system does not. Consumers who invested in mitigation because they expected it to pay for itself in premium reductions are learning that, in some cases, they will need to own their home for another decade or more before their investment pays off--if it ever does. An unintended consequence is that consumers considering whether to undertake mitigation efforts may be discouraged from doing so. If asked whether mitigation is a worthwhile investment, we may be hesitant to say yes, because we have seen the way mitigation is treated in RR 2.0, and we do not want to mislead our clients or colleagues about its advantages. This concern is widespread; legislators and regulators should want to minimize flood losses by incentivizing mitigation. Based on our experiences with the new rating engine, it appears that consumer mitigation efforts are minimally rewarded, if at all, in RR 2.0.
Because consumers whose rates went down using RR 2.0 were eligible for transition at their next renewal, beginning this past
Independent agents are the face of the NFIP, and our expertise and personal attention to our clients are vital assets to the program. The lack of transparency in the rating engine makes our work harder because it leaves us with frustrated clients and incomplete information. Better information about how rates are produced would help us maintain the level of service we are accustomed to providing and would improve the customer experience. Increased transparency will lead to greater trust in the NFIP, which could increase the flood insurance take-up rate all over the country, and further strengthen the NFIP.
The second trend concerning agents is the affordability of NFIP policies as they transition to full-risk rates pursuant to RR 2.0. All new policies are being issued at full-risk rates, which means that those covering high-risk properties will immediately be charged commensurately high-risk rates. Existing policyholders' annual rate 6
increases are subject to statutory caps (typically either 18 or 25 percent per year, depending on the type of property). We support the continued use of statutory percentage caps on rate increases as the NFIP transitions remaining policyholders to full-risk rates. That said, even with statutory caps, some policyholders will be subject to the maximum allowable increase each year and will find their premiums unaffordable before they even reach their full-risk rates. For that reason, in the interest of retaining NFIP policyholders, we are open to proposals to lower the maximum rate cap, so long as policyholders' glide paths to full-risk rates continue.
The affordability problem will be exacerbated for policyholders who make changes to their policies that are not eligible for statutory caps, which apply only to rate increases prompted by a consumer's trajectory along the glide path. If a change in premium is prompted by something other than movement along the glide path, that change is not subject to the otherwise-applicable statutory cap. The NFIP refers to these as "premium-bearing changes,"1 which include but are not limited to the loss of an applicable discount, an increase in coverage amount, or a decrease in deductible. An increase in coverage should remain subject to an otherwise-applicable rate cap. Omitting coverage increases from statutory caps arguably discourages policyholders from obtaining more coverage, leaving properties less protected than they would otherwise be.
With the benefit of this context, we would like to assist
IV. Reauthorization Fundamentals
a. Long-Term Reauthorization
The program's most recent five-year reauthorization expired on
Every short-term extension brings with it the chance for a lapse in the program. When the NFIP lapses, consumers are unable to renew existing policies or finalize the purchase of existing policies. Claims continue to be paid on existing, in-force policies, but consumers engaged in ongoing real estate transactions may experience disruptions in those processes, especially if they are purchasing a property in a mandatory purchase area, where flood insurance is required. Plus, if a flood loss occurs during a lapse, some claims may not be processed until the program is reauthorized. Prior NFIP lapses have been estimated to have disrupted over 1,000 home sales per day, and, of course, the longer the lapse, the greater the disruption./2
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1 The
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The series of short-term extensions over the last five years has been extremely disruptive for everyone associated with the NFIP, including policyholders. Even if the program does not lapse, the federal government and every facet of the insurance industry incurs costs associated with preparing for a lapse when the NFIP's next expiration date approaches. Agents, carriers, lenders, and
b. Continuous Coverage
One of our top priorities is the inclusion of a continuous coverage provision in any NFIP reauthorization, so that policyholders can move between the private market and the NFIP without penalty. We were gratified to witness the bipartisan support this provision garnered in the 2019 committee vote and appreciate its inclusion in the draft legislative text associated with today's hearing. Currently, consumers may be left in an untenable financial position if, for example, their private flood policy is cancelled for reasons outside their control. Existing law requires that, if such consumers live in an area where flood insurance is required, they reenter the NFIP as if they were brand-new policyholders, at which point they are immediately subjected to full-risk rates without access to the glide path.
Continuous coverage would allow a former NFIP consumer who purchased a private flood policy to return to the NFIP at the same rate they were paying when they left. Without continuous coverage, consumers whose NFIP rates were on a glide path toward full risk rates will effectively be penalized with higher rates for attempting to return to the NFIP after leaving it for the private market.
c. Debt Forgiveness
The NFIP has not been financially stable since Hurricane Katrina hit the
Since 2005, the NFIP has repaid a total of
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2 See https://www.nar.realtor/blogs/economists-outlook/how-many-home-sales-will-be-affected-by-a-nfip-lapse.
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d. A Robust Affordability Framework
Thanks to the implementation of the Risk Rating 2.0 methodology, the NFIP is presently on a gradual track toward financial stability. However, as noted above, for RR 2.0 to succeed, and for the NFIP to remain a viable program, consumers need the program to consider the issue of affordability. The past several years have been financially tumultuous for individuals and for the national economy, and, in some parts of the country, some property owners will find their full-risk rates to be unaffordable, whether they are new policyholders subject to them immediately or existing policyholders experiencing maximum allowable annual increases.
One of the primary goals of the NFIP has always been to increase the number of flood policies in force; indeed, the program owes its very existence to that goal. Even though the program has been available for more than a half century, only 30 percent of homes in high-risk areas have flood insurance,/3 and fewer than 25 percent of the properties flooded by Hurricanes Harvey, Sandy, and Irma were covered by flood insurance./4
To increase the take-up rate, particularly in high-risk areas, the NFIP needs an affordability framework with means testing to ensure that flood insurance is not out of reach for those who need it most.
Anecdotally, agents are seeing some NFIP policyholders with low-risk properties transition to the private market when faced with their first RR 2.0 renewal. If that trend bears out on a national scale, the NFIP could be increasingly composed of the highest flood risk properties in the country. Without an affordability mechanism, RR 2.0 could create an adverse selection problem for the NFIP, where the federal government is left to cover only the highest-risk properties. The NFIP should not become, effectively, the federal flood insurer of last resort.
We support both Risk Rating 2.0's progress toward full-risk rates and the development of an affordability framework. Consumers need the detailed, accurate information provided by RR 2.0 to enable them to make smarter choices about their level of risk. However, some consumers may not be able to afford the rates associated with their property's level of risk as revealed by RR 2.0--if not now, then in the future. The program must be affordable for policyholders who will never be able to afford their property's full-risk rate and for those who may otherwise find themselves priced out of their homes before their rates even reach full risk. Because agents are in regular communication with existing and prospective policyholders, they are already seeing the effects of RR 2.0 increases in some of the communities they serve. For that reason, the NFIP does not have the luxury of choosing between full risk rates and an affordability framework.
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3 See https://www.iii.org/article/spotlight-on-flood-insurance#:~:text=Flooding%20is%20the%20most%20common%20and%20costly%20natural,natural%20disasters%20in%20the%20United%20States%20involve%20flooding.
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e. Greater Rate Transparency
Consumers and agents need more information about how the new methodology's rating factors combine to calculate NFIP premiums, especially in the context of mitigation efforts. Reauthorization should include provisions demanding greater rate transparency from
Rate transparency will be bolstered by the disclosure of each policyholder's full actuarial premium rate, which is included in the National Flood Insurance Program Reauthorization Act of 2022 discussion draft listed for today's hearing.
Rep.
f. Mapping Improvements
NFIP policyholders would benefit from a federal investment in mapping improvements. To the extent that the NFIP relies on mapping to evaluate risk, maps should reflect data available through the use of cutting-edge technology like geospatial intelligence and global positioning system satellites. The NFIP should continue to collaborate with the
g. Mitigation
Mitigation helps control the NFIP's claims costs. Robust mitigation efforts allow communities, homeowners, and businesses to resume normal activity more quickly after a disaster. We continue to support expanding the amount allowable for increased cost of compliance (ICC) coverage for policyholders and allowing its use to fund pre-flood mitigation efforts. However, using the RR 2.0 methodology, policyholder mitigation efforts appear not to be rewarded with lower rates the same way they were in the legacy rating system. We are monitoring this issue as RR 2.0 continues to be implemented.
h. An
Agents are the face, the sales force, and the first responders of the National Flood Insurance Program, and they deserve a voice in the regulatory process. An
The discussion draft of the National Flood Insurance Program Administrative Reform Act of 2022, listed for today's hearing, calls for a broader stakeholder
V. Conclusion
We support the NFIP because it provides critical flood coverage to residential and commercial property owners, and we support Risk Rating 2.0 because it provides property owners with a more accurate estimate of their flood risk than was previously available to them. This additional information will help property owners make sound decisions about how to protect their investments. Plus, the progress towards risk-based rates will enable the NFIP to rebuild its long-term financial stability for the first time in nearly twenty years.
We would like to see more transparency in the rates produced by RR 2.0, particularly when those rates are at odds with the expectations of knowledgeable flood experts, and we are committed to the creation of an affordability framework to ensure that existing NFIP policyholders are not priced out of their homes as their rates increase along the glide path toward full risk.
We urge
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Original text here: https://financialservices.house.gov/uploadedfiles/hmtg-117-ba04-wstate-rivera-mirandaa-20220525.pdf
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