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Special FeaturesSpecial Archives October 2003

Daily Indemnity

By Pat Lawrence

Jane Cline, West Virginia Insurance Commissioner
Jane Cline, West Virginia Insurance Commissioner

When Jane Cline was growing up in Preston County, she only knew she wanted to do something different, somewhere else. Her mother, a teacher, encouraged her to get an education. Her father introduced her to the political process. As the WV Insurance Commissioner at a time when the insurance industry in general is in a difficult phase and the state’s medical malpractice and health insurance have been in crisis, she is definitely doing something different. And, what she does touches everyone in the state.

Armed with a Business Administration degree from WVU, Jane started as an accountant with the WV Division of Highways, obtained her MBA and became Deputy Commissioner. Then came the appointment as Commissioner of the WV Division of Motor Vehicles. From 1989 to 1997 she focused on improving and expanding DMV services and offices. She enjoyed the mix of problem solving and politics, eventually opening a government-consulting firm to share her expertise. She was honored to be appointed by Governor Wise to the WV Insurance Commissioner's post in January 2001. She admits wryly, “It’s been a challenge.”

For a while, days seemed to bring one crisis after another. One company with over 50% of physicians' malpractice began exiting the market and another became insolvent. The 9/11 terrorist attacks overwhelmed the insurance industry. Reinsurance markets tightened. Increases in claims and claim severity had health and property insurers pulling out of the state or refusing new business. The availability and affordability of insurance products were reaching emergency stage. “This has been one of the most difficult times the industry has experienced," says Cline.

The new Commissioner had to gather information to be used in resolving the malpractice crises. Focus was placed on the Financial Conditions Division, which evaluates companies doing business in the state. Cline says, “Companies must be able and willing to meet their financial obligations. All 1500 companies licensed in West Virginia aren't active, but they must all operate according to our laws and be financially sound.”

Consumer services have been a major priority “Insurance is a difficult concept,” she says. “Insurance is for catastrophic situations. Premiums aren’t a savings account; they’re not refundable. The Consumer Service Division answers questions, solves problems, handle disputes and helps people understand their policy language. We have a toll free number within WV, investigators, attorneys and a Consumer Advocate Office to help, whether it’s an agent or agency problem or difficulty obtaining insurance.”

She says the situation with State Farm, the largest carrier in the state, has been tough for all involved.  “About every third claim in homeowner's or auto insurance is theirs. They’ve received significant rate increases as a result of losses in the state; they must get rates up to cover losses. They continue to serve existing policyholders, but aren’t accepting new business. Their situation affects our most critical issues-availability and affordability of insurance.” 

The WV Insurance Commission collects premium taxes from all insurance companies doing business in the state, collecting $135 million in 2003 was collected. Cline says, “Some goes to municipal pensions, teachers retirement, volunteer fire departments, and about $93 million goes into general revenue. Six million is used to fund the Insurance Commission.”

The commissioner says, “We must balance needs of consumers, companies and agents. When consumers don’t get what they need, or the state doesn’t get what it should, we may take administrative action - suspend agents, agencies or companies ability to write business, or penalize them in other ways.” The WV Insurance Commission is also responsible for testing, licensure and fulfilling continuing education requirements of 24,286 non-resident agents and 7,661 active resident agents.

Cline says more improvements in the system are needed and on the way. “We need to take advantage of improvements in technology. Companies filing a rate increase can submit over 500 pages of paperwork. Electronic submissions are much more efficient. We’ve begun scanning for document storage and retrieval. We want to provide better information to legislators –like for the study resolutions now in the legislature. And, we want to be more responsive to the consumer and provide more information to the public.”

She is deeply concerned about the future of health care insurance in West Virginia. “We have the oldest population in the US – higher than Florida- and among the highest rates of obesity, heart disease, diabetes and smoking. We need insurers who offer affordable health insurance and consumers who understand the effects of unhealthy habits and unmerited claims. We’re here to help them both.”

Contact the WV Insurance Commission at 1-800-642-9004 - 304/558-3354 or visit www.state.wv.us/insurance

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