Indiana Department of Insurance Prohibits Price Optimization in Setting Rates

The Indiana Department of Insurance this week issued Bulletin 219 stating the Department’s position that the practice of “price optimization” in setting personal lines insurance rates is prohibited.

According to the Bulletin, “price optimization” involves “using data collection and analysis to predict which consumers will accept higher rates without changing insurers and/or varying premiums based upon factors that are unrelated to risk of loss so that each insured is charged the highest price that the market will bear.” This practice is prohibited, the Department said, because it views “a rating factor or rating methodology that adapts rates based on considerations other than risk to be at high risk of violating Indiana insurance laws, particularly IC 27-1-22-3, which requires that rates not be excessive, inadequate, or unfairly discriminatory.”

The Department advised that all companies using price optimization to set rates for policies sold in Indiana should submit a new rate filing within 90 days. Companies that don’t and are later found to be using price optimization in setting rates could be subject to discipline.

Please contact me or any member of the Bose Insurance Group with any questions.

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The Latest Indiana Legislative Update is Here!

Here’s the latest Indiana Legislative Update from our colleagues at Bose Public Affairs Group. In this issue, developments in legislation regarding:

  • uninsured motorist damages;
  • transportation networks;
  • financial institutions and trade regulation;
  • mine subsidence insurance coverage;
  • securities;
  • vehicle rentals; and
  • political subdivision risk management.

Stay tuned for more developments!

Also, to make sure the record’s complete, here are the two prior updates. I’ll confess: I got busy and was not able to get these out. Bad lawyer-blogger! Bad lawyer-blogger!

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Crash and Burn: Magistrate Recommends Dismissal of Indiana and Tennessee Body Shop Antitrust Cases; District Court Dismisses Mississippi Case

The ongoing multi-district body shop antitrust case has hit more roadblocks.

First, last week, Magistrate Judge Smith in the Middle District of Florida recommended dismissal of all counts in the Indiana case. (Full disclosure: The Bose McKinney & Evans team of Brian Jones, Curtis Jones, and Joel Nagle represents one of the defendants in the Indiana case.) Regarding the plaintiffs’ Sherman Act claims, the magistrate adopted the District Court’s reasoning in dismissing those claims in the related Florida case. (See our post here.) The magistrate dismissed the plaintiffs’ others state law claims based on Indiana law.

Second, yesterday, Judge Smith recommended dismissal of the Tennessee case along similar lines.

And finally, last Friday, District Judge Presnell adopted Magistrate Smith’s report and recommendations dismissing the Mississippi case. All of these documents are provided below.

I wanted to make some kind of humorous remark that illustrates the subject matter, but instead, just go Goggle “Russian dashcam videos.” You won’t be disappointed.

Be sure to follow the Bose Insurance Blog for more updates.

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The Third Indiana Legislative Update is Here!

From our insurance colleagues at Bose Public Affairs Group, here’s the third Indiana Legislative Update. Topics inside include developments in:

  • Unclaimed Life Insurance Benefits;
  • The Indiana Department of Insurance;
  • Dental and Optometry Service Coverage;
  • Inmates and Medicaid; and
  • Medical Malpractice.

Stay tuned for further developments!

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The Second 2015 Indiana Legislative Update is Available Now!

Hot off the presses, it’s the second update of the 2015 Indiana legislative session, with absolutely no mention of #DeflateGate, we promise!

In this edition, more developments in:

  • Unclaimed life insurance benefits;
  • The Indiana Department of Insurance;
  • Dental coverage;
  • The Affordable Care Act;
  • Tom Brady’s complete lack of credibility;
  • Medical malpractice;
  • Worker’s compensation; and
  • more.

Stay tuned for more updates throughout the session.

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Body Shop Antitrust Case Hits Roadblock in Florida

Following up on one of our more popular posts from last year, here’s an update on a key development in the on-going multi-district Body Shop Antitrust case brought by hundreds of auto body repair shops against dozens of auto insurers. (Full disclosure: the Bose McKinney & Evans team of Brian Jones, Curtis Jones, and Joel Nagle represent one of the insurers in the Indiana case that was consolidated.)

Since our last post, the total number of pending cases in the MDL has gone up to 22, and the defendants in the Indiana, Florida, Utah, Mississippi, Louisiana, Tennessee cases filed Motions to Dismiss. The Court conducted a hearing on the pending dismissal motions in early November.

On Wednesday, the Middle District of Florida dismissed all of the claims in the Florida case (including one claim with prejudice), finding, among other things, that the plaintiffs failed to plead plausible claims as required under Twombly. The Court gave the plaintiffs until February 10 to amend their complaint.

This ruling paves the way for similar rulings in the Indiana case and others. Stay tuned for further developments.

Posted in Antitrust, Automobile Insurance | Tagged , , , , | 1 Comment

The First Update of the 2015 Indiana Legislative Session

It’s that time of year again. (And I’m not referring to yet another heartbreaking loss to the clearly evil Patriots, though that happened…again…)

No. I’m talking about the Indiana General Assembly being back in session, which means more as-it-happens insurance industry scoop from our friends at Bose Public Affairs Group. In this first issue, developments in:

  • Unclaimed life insurance benefits;
  • The Indiana Department of Insurance;
  • Data security;
  • Dental coverage;
  • Mental health coverage;
  • Medical malpractice;
  • Worker’s comp; and
  • More!

We’ll bring you the latest updates as soon as we get them. Stay tuned!

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