cabinet presentation personal injjyury protection ...auto insurance coverage types •...
TRANSCRIPT
Cabinet Presentation ‐Personal Injury Protectionj y
Tallahassee FloridaTallahassee, Florida
August 2011
1
T f A t I S tTypes of Auto Insurance Systems
• No Fault – 10 States• No Fault – 10 StatesEconomic damages from injuries sustained in an auto
accident are covered by each party’s own insurance; the negligent
party may be sued for additional funds to compensate for
noneconomic damages after a specified threshold has been
exceeded.exceeded.
2
T f A t I S t
• Tort – 38 States
Types of Auto Insurance Systems
• Tort – 38 StatesAt‐fault drivers are liable for the economic and noneconomic damages
they inflict on others.
• Choice – 2 States and DCChoice 2 States and DCDrivers choose between differing types of auto insurance.
3
Auto Insurance Coverage TypesAuto Insurance Coverage Types• Liability – Coverage for all sums the insured is legally obligated to pay due to an
accident
• Bodily Injury (BI) – Provides coverage for death or serious and permanent injury to others when you are legally liable for an accident involving your automobile.
• Medical Pay (Med Pay) Provides coverage for medical treatment for the insured• Medical Pay (Med Pay) – Provides coverage for medical treatment for the insured or resident family member resulting from an auto accident, regardless of fault, as well as any person occupying the covered auto.
• Personal Injury Protection (PIP) – Provides coverage for medical benefits, lost wages and funeral benefits for insured or resident family member when injured in their own vehicle, in someone else’s vehicle, as a pedestrian or as a bicyclist.
• Property Damage (PD) ‐ Coverage in the event that negligent acts or omissions of an insured result in damage or destruction of another’s propertyan insured result in damage or destruction of another s property.
• Uninsured Motorist (UM) – Coverage provided to the insured, resident family members and any other person occupying the covered automobile for bodily injury resulting from an accident involving an uninsured or underinsured driver.
4
Auto Insurance Coverage TypesAuto Insurance Coverage Types• Physical Damage – Coverage for damage to your covered automobile and y g g g y
other related coverages
• Collision – Coverage provided for damage caused by a collision with another vehicle or objectj
• Comprehensive – Coverage for physical damage (excluding collision) or theft of the insured vehicle(e.g. theft, fire or hail damage)
• Towing – Coverage for towing and road service for your coveredTowing Coverage for towing and road service for your covered automobile
• Rental Reimbursement – Reimbursement for auto rental up to specified limits if you get into an accident with your own automobilespecified limits if you get into an accident with your own automobile and can no longer drive it.
5
PIP/N F lt Hi t i Fl idPIP/No Fault History in Florida• 1972 – Florida Enacts No‐Fault Law ($5,000 PIP Benefit)1972 Florida Enacts No Fault Law ($5,000 PIP Benefit)• 1979 – PIP Benefit is Raised to $10,000• 1988 – Mandatory Property Damage Liability Coverage
($10 000 Benefit)($10,000 Benefit)• 2000 – Statewide Grand Jury Findings• 2001 – Enhanced Fraud Protections Enacted Including Clinic
Licensure and Limited Third‐Party Access to CrashReports
• 2003 – Further Anti‐fraud and Licensing Provisions2003 Further Anti fraud and Licensing Provisions• 2007 – PIP Sunsets, But is Re‐enacted during Special Session
(with some reforms)
6
Number of Licensed Drivers Has Remained Stable Since 2004
14.0
16.0
18.0
lions)
8 0
10.0
12.0
d Drivers (M
il
4.0
6.0
8.0
ber of Licen
sed
0.0
2.0
2004 2005 2006 2007 2008 2009 2010 2011
Num
b
Data as of January 1stData as of January 1st
Source: Driver Demographic Reports from Florida Department of Highway Safety and Motor Vehicles (www.flhsmv.gov/html/safety.html) 7
Frequency of Crashes Has q yDecreased Since 2005
1.6
1.8
2.0
Drivers
1.0
1.2
1.4
100 Licensed
D
0.4
0.6
0.8
eque
ncy pe
r 1
0.0
0.2
2004 2005 2006 2007 2008 2009
Fre
YearYear
Source: Driver Demographic Reports and Traffic Crash Reports from Florida Departmentof Highway Safety and Motor Vehicles (www.flhsmv.gov/html/safety.html) 8
Total PIP Benefits Paid Have Increased Significantly Since 2008
$2.0
$2.5
in Year
$1.5
Bene
fits Paid
$Billions)
$0.5
$1.0
mou
nt of P
IP B ($
$0.0
2006 2007 2008 2009 2010
Am
Year
Source: Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011Data shown is for total payments for PIP benefits and excludes attributable expenses.
Year
9
Number of PIP‐Related Lawsuits Has Increased Significantly Since 2008
16
18
20
ands)
10
12
14
uits (T
housa Pending at
Year‐End
4
6
8
ber of Law
su
Settled During Year
0
2
2006 2007 2008 2009 2010
Num
Source: Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011Number of PIP‐related lawsuits where the insurer was the defendant
Year
10
T Fi PIP St tTop Five PIP StatesState No Fault Limit
Bodily Injury Limit (If mandatory)State No‐Fault Limit (If mandatory)
1. Michigan Unlimited PIP $20,000 per person/$40,000 per accident
2. Florida $10,000 PIP limit N/A
3. New York $50,000 Limit $25,000 per person/$50,000 per accident
4. New Jersey $250,000 Standard Limit $15,000 per person/$30,000 per accident y $ ,(A $15,000 Basic limit is available)
$ , p p /$ , pfor Standard Policy$10,000 per accident available as option for Basic Policy
5 P l i * $5 000 M di l B fit O l $15 000 /$30 000 id t5. Pennsylvania* $5,000 Medical Benefits Only(Funeral expenses, wage loss, etc. available as additional optional coverages)
$15,000 per person/$30,000 per accident
Source for Rankings: Annual Statement – 2010 Direct Written Premium from Statutory Page 14 for Private Passenger Auto No‐Fault (Personal Injury Protection) line of business.
* Pennsylvania allows insureds a choice between a no‐fault and a tort system.11
Actual PIP 6‐Month Premium QuotesActual PIP 6 Month Premium Quotes(For Selected Zip Codes in Top Five PIP States)
$85$90age
e $85
$52$60
$70
$80
$90
,000
in Covera
owed
by State
$17
$36
$19$24 $26
$22
$34
$20
$30
$40
$50
remium per 1,
um Policy Allo
$12
$0
$10
$20
ssee,
h, FL
mi, FL
a, FL
MI *
MI *
d, NJ
n, NY
$10K
y A $5K
yCo
st of P
IP Pr
For Minim
u
32303 ‐Tallahas
FL
33012 ‐H
ialea
33186 ‐M
iam
33647 ‐Tam
p
48180 ‐Taylor,
48228 ‐D
etroit,
8701
‐Lakewoo
d
11226 ‐B
rooklyn
9143
‐Ph
il., PA $
Med
ical Only
19143 ‐P
hil., PA
Med
ical Only
12
Source: Large national carrier’s online quote tool for 25‐year‐old single female, withno accidents/violations in last five years, and less than one year at current insurer at minimum or no BI limits. For states where occupation is used, Food Service.* $50,000 used as proxy for limit for Michigan since PIP coverage is provided on unlimited basis.
4 08 1 19
PIP Direct Pure Loss Ratio For Top Five PIP States
250%
200%
Ratio
100%
150%
ect Pu
re Loss R
Florida
Michigan
New Jersey
50%PIP Dire y
New York
Pennsylvania
0%
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Calendar Year
Source: Annual Statement ‐ Statutory Page 14
13
PIP C bi d L R tiPIP Combined Loss Ratios
Source: Calendar Year Experience Reporting Form (Form OIR‐B1‐308); 2010 is preliminaryOnly includes information from insurers that write 0.5% or more of the total industry‐wide written premium for that line of business of the preceding calendar year 14
Cumulative Rate Changes For Top Five Auto Insurers
(Since 1/1/2009)
Coverage
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
GEICO GENERAL INSURANCE COMPANY
PROGRESSIVE AMERICAN
INSURANCE COMPANY
PROGRESSIVE SELECT
INSURANCE COMPANY
ALLSTATE INSURANCE COMPANYINSURANCE
COMPANYCOMPANY
COMPANY COMPANYCOMPANY
BI 40.0% 40.0% 33.0% 36.0% 46.3%
PD 40.0% -6.0% -4.2% 2.3% 29.6%
PIP 49.7% 72.2% 63.0% 48.5% 35.1%
UM 52.4% -3.3% 48.7% 67.8% -7.4%
MP -3.8% -1.9% -1.7% -0.2% 23.1%
COLL -15.9% -22.1% -19.8% -12.4% -24.7%
CO 2% 8 0% 29 % 6 6% 26 3%COMP -7.2% -18.0% -29.5% -16.6% -26.3%
Total: 26.0% 14.0% 19.0% 18.8% 11.5%
Market Share: 19.9% 8.6% 5.2% 4.7% 4.5%
Source: For filings implemented by insurers with effective dates for new business on or after January 1, 2009; Based on data submitted in the Rate Collection System as of August 1, 2011. 15
Comparison of PIP PremiumpOver Time for Miami Insured
$1,000
$700
$800
$900
m
$500
$600
al PIP Premium
Married 40‐year‐old female
$200
$300
$400
Ann
ua Unmarried 25‐year‐old male
$0
$100
1/1/2005 1/1/2006 1/1/2007 1/1/2008 1/1/2009 1/1/2010 1/1/2011
16Source: Annual PIP premium for Miami zip code 33126 for a large national carrier. Assumes neutral risk score , no tickets/accidents, anti‐lock brakes and automatic front seat belts.
Effective Date of Policy
Comparison of PIP PremiumpOver Time for Tampa Insured
$700
$500
$600
m Married 40‐
$300
$400
l PIP Premium a ed 0
year‐old female
Unmarried ld
$100
$200
$300
Ann
ua 25‐year‐old male
$0
$100
1/1/2005 1/1/2006 1/1/2007 1/1/2008 1/1/2009 1/1/2010 1/1/2011
17
Effective Date of Policy
Source: Annual PIP premium for Tampa zip code 33606 for a large national carrier. Assumes neutral risk score , no tickets/accidents, anti‐lock brakes and automatic front seat belts.
Tampa Continues to Lead the State in pStaged Accident Questionable Claims
Source: NICB, “Staged Accidents Analysis – Florida 2008‐2010”, released April 20, 2011(www.nicb.org/newsroom/news‐releases/florida‐staged‐accident‐qc‐report)
18
Claims Opened/Recorded By Regionp / y gPer 1,000 Licensed Drivers
40
vers
30
35
Licensed
Driv South Florida
Southwest
20
25
ed Per 1,000
Florida
Tampa/St. Petersburg
10
15
Ope
n/Re
corde
Central Florida
0
5
2006 2007 2008 2009 2010
Claims O
Northeast Florida
Source: Claims from Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011 and licensed drivers from Driver Demographic Reports from Florida Department of Highway Safety and Motor Vehicles (www.flhsmv.gov/html/safety.html) 19
Year
PIP Fraud Referrals Have Increased
8 000
Significantly Since 2007
5,543
6,699
6,000
7,000
8,000
errals
2,6283,159
3,6083,151
3,615
3,000
4,000
5,000
ber of PIP Refe
1,000
2,000
,
Num
b
0
2004‐2005
2005‐2006
2006‐2007
2007‐2008
2008‐2009
2009‐2010
2010‐2011
Fiscal Year
Source: Florida Department of Financial Services, Division of Insurance Fraud20
Almost 50% of Total Referrals
60.0%
Are Now PIP‐Related
43.2%
49.8%
40 0%
50.0%
re PIP‐Related
23.0% 24.5%
30.5% 31.8%29.9%
20 0%
30.0%
40.0%
ferrals that ar
10.0%
20.0%
centage of Ref
0.0%
2004‐2005
2005‐2006
2006‐2007
2007‐2008
2008‐2009
2009‐2010
2010‐2011
Perc
Fiscal Year
Source: Florida Department of Financial Services, Division of Insurance Fraud21
The Average Provider Charges Per g gClaim Continue to Increase
$12,000
$14,000
er Claim
National Average
$8,000
$10,000
der Ch
arge pe Provider Charges
per Claim
National Average Provider Charges
$4,000
$6,000
Average Provid g
per Claim (w/o FL)
Florida Average Provider Charges per Claim
$0
$2,000
2004 2005 2006 2007 2008 2009 2010
A per Claim
Source: Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011
22
Average Procedures Per Claim Have gIncreased Significantly Since 2007
100
120
per Claim
National Average Lines
60
80
of Procedu
res Average Lines
per Claim
National Average Lines
Cl i ( /
20
40
age Num
ber o per Claim (w/o
FL)
Florida Average Lines per Claim
0
20
2004 2005 2006 2007 2008 2009 2010
Aver
Source: Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011
23
Average Procedures Per Bill Have gAlso Increased Since 2007
10
12
s pe
r Bill
National
6
8
of Procedu
res Average Lines
per Bill
National Average Lines
2
4
rage Num
ber o g
per Bill (w/o FL)
Florida Average Lines per Bill
0
2
2004 2005 2006 2007 2008 2009 2010
Aver
Source: Report on Review of the 2011 Personal Injury Protection Data Call ‐ April 11, 2011
24
SB 1930/HB 1411 Summary
• Enhanced tools to fight fraud
(Senator Bogdanoff and Representative Boyd)
Enhanced tools to fight fraud
• Improved investigation of claims for No‐Fault benefits
N id li f h dli f d l t N F lt l i• New guidelines for handling fraudulent No‐Fault claims
• New guidelines for submission of bills to insurer
• Reimbursement criteria for No‐Fault benefits
• New guidelines for demand letters
• Allows for the creation of Preferred Provider PIP networks
25
SB 1694/HB 967 Summary
• Authorizes the use of arbitration to resolve disputes
y(Senator Richter and Representative Horner)
• Grants exclusive original jurisdiction to circuit courts to hear challenges to PIP arbitration decisions
• Caps attorney fee awards in disputes under the No‐Fault Law • Bars use of a contingency risk multiplier in determining fee awards in No‐Fault
cases• Creates a fee schedule based on Medicare Part B Durable Medical Equipment
and care rendered by Clinical Labsand care rendered by Clinical Labs• Creates a fee schedule for care provided at ambulatory surgical centers limited
to 80 percent of the workers’ compensation fee schedule when not reimbursable under Medicare Part B
• Requires insureds who are seeking PIP benefits to comply with all terms of the insurance policy, including submitting to an examination under oath (EUO) and allows for the EUO to be recorded
• Sets standards for the EUO process• Sets standards for the EUO process
26