| Insurance
companies in the United States are regulated primarily by the individual
states. There is no federal regulatory agency that oversees insurance
companies. The name of the insurance regulatory agency typically is "Department
of Insurance", "Division of Insurance," "Insurance
Bureau" or something similar. This agency is headed by a state government
official usually called the "Commissioner of Insurance", "Director
of Insurance", or a similar title. The Commissioner of Insurance
is an elected official in some states and in other states is appointed by the
Governor. A
primary function of each state's Department of Insurance is to assure
that insurance companies operating in the state are financially sound,
so that the company will have the financial ability to meet its
obligations to pay claims. Insurance companies are required to meet certain
financial requirements and are required to demonstrate periodically (at least
annually) to a state's Department of Insurance that they continue to meet
or exceed the minimum financial requirements in order to continue to conduct
business in the state. The Department of Insurance can take various actions
against an insurance company that fails to conduct its business in a financially
sound manner, including action to cause the company to cease operation
in the state. Most
states have laws regulating the conduct of insurance business to ensure
fairness in the way companies deal with applicants for insurance and policyholders.
One of the functions of a Department of Insurance is to enforce these so-called
"unfair trade practices" and "unfair claims practices" laws
by investigating complaints by consumers and taking action, when appropriate,
to get companies to stop conduct that violates the laws and impose penalties for
violations. Other duties of a Department of Insurance include reviewing
and approving the policy forms used by insurance companies and approving
rates charged for various types of insurance to assure compliance
with state laws that regulate insurance rates. |