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The News & Observer - 04/11/2007

Bill aims to show what risky drivers cost you

By David Ranii

The state's auto insurers want you to know that there's a surcharge tacked onto your insurance bill to subsidize coverage for drivers deemed too risky to insure.

Highlighting that fee -- by disclosing it in information sent to consumers -- is part of the industry's attack on the way the state sets insurance rates, which differs from all but a few states.

A bill -- recently introduced in the General Assembly at the urging of the insurance industry -- would require insurers to report to consumers the surcharge they pay to subsidize coverage for high-risk drivers. Current law doesn't permit such a disclosure.

The bill's sponsor, state Senate Majority Leader Tony Rand, said most people don't realize they are paying more. "We're trying to get truth in rates," he said.

Rand also is spearheading a broader push, supported by the insurance industry, to reform the way that automobile insurance rates are regulated in North Carolina. He is sponsoring a separate bill, also backed by insurers, that would strip the state insurance commissioner of the ability to set rates on auto, homeowners and workers' compensation insurance.

Consumer advocates and Insurance Commissioner Jim Long said the bills would unnecessarily change a system that enables North Carolinians to pay some of the lowest auto-insurance rates in the nation.

Rob Thompson, advocate at the N.C. Public Interest Research Group, said the disclosure bill appears to be aimed at igniting a "consumer uproar" that isn't warranted, given the state's low rates. Long said that changing the rate-setting system would lead to higher premiums.

But the number of drivers in the state's high-risk pool -- nearly 30 percent, compared with an average of 1.9 percent in other states -- shows that the current system isn't working, said Joe Stewart, executive director of the Insurance Federation of North Carolina, which represents property and casualty insurers.

In North Carolina, drivers who insurers deem too risky to insure are relegated to the N.C. Reinsurance Facility. The facility includes only liability insurance, which state law requires drivers to have.

If the premiums that those drivers pay don't cover their claims, a surcharge is added to everyone's bill. Last year, the premiums that motorists paid fell $249 million short of claims.

The current surcharge adds 9.8 percent to auto liability premiums, which amounts to $39 for the average liability premium, according to the Reinsurance Facility. "The losses [experienced] by the high-risk pool are subsidized by all the rest of us," Stewart said.

However, Long objects to singling out the surcharge that drivers pay. "There is actually a subsidy in every kind of insurance you buy," Long said. In the health insurance arena, younger people subsidize the rates paid by older people, who tend to have more health problems.

Long said he could go along with disclosing the surcharge if the industry would provide similar disclosures with other types of insurance bills. "That's the fair way of doing it," he said.

Long contends that the number of drivers in the Reinsurance Facility pool is an indication that insurance companies are "gaming the system."

Insurance companies use the Reinsurance Facility to "get rid of high-risk drivers" they don't want to insure, based on their own analysis, Long said.

Insurers can shift drivers to the Reinsurance Facility at their discretion, for any reason. Many of those drivers are categorized as clean-risk -- that is, they are experienced drivers who don't have any points against their licenses. Most clean-risk drivers aren't aware that they are in the Reinsurance Facility, because they pay their premiums to an insurance company.

Some insurers shift 90 percent or more of their customers to the Reinsurance Facility, Long said.

The Insurance Department boasts that the state's auto insurance rates are the fifth-lowest in the nation, but that doesn't include the surcharge. Spokeswoman Chrissy Pearson said the department calculates that North Carolina would rank sixth-lowest if the surcharge were included.

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