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February 24, 2010


jim O'Hare AIC AIS

Your article states that there are 19 writers of med mal insurance in Illinois, very few of those are domestic. The McCarron Ferguson act really does not apply to professional liability coverage.

PL writers do not really care about protecting their own turf like healthcare companies do. PL writers look for a comfortable market share, HC companies want everyone and hide behind McCarron to protect their turf and rates.

RE the cap: The legislature passed it and the judiciary rejected it as unconstitutional. Which branch of gov't is stepping on whose toes? The judiciary wants to legislate.

Jim O'Hare VP med mal claims PIC fla

Joe Consumer

Sorry, I don't get your point. The Illinois Division of Insurance (not us) is making the point that these insurance reforms have increased competition in Illinois! There's no debate about that.

McCarran Ferguson allows rate organizations like the Insurance Services Office to exist. Rate bureaus guide pricing. They have a significant anti-competitive influence on insurance prices. They also signal to the market that it is OK to raise rates, and they signal other market activities, such as when it is time for a market to be abandoned.

RE the cap. When a court finds a law unconstitutional, this is called checks and balances. Legislatures are not allowed to pass laws that are unconstitutional. Our founding fathers established the third branch of government to make sure they don’t. Might want to consult your history books on this.

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