Monday, 7 October 2013

Insurance News - Monday, October 7, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Monday, October 7, 2013:

FSCO Releases Usage-Based Insurance Guidelines

On October 3, 2013, FSCO released a Bulletin providing some guidance to auto insurers on the type of information that should be filed when seeking approval for a Usage-Based Insurance Pricing (UBIP) program.  For full details regarding FSCO requirement, refer to the UBIP Bulletin. 

Personal Information and Privacy Requirements

Although telematics devices do not currently have the capability to identify who is driving a vehicle at any particular time, in many circumstances (for example where a vehicle has only one listed driver), the data collected by the device may reasonably be assumed to be about that individual, with the result that the data is personal information as defined in PIPEDA.   However, FSCO has taken the position that telematics data should be treated as personal information even if it is not about the driving behaviour of any one identifiable individual. 

Personal Telematics Data: Insurer Transparency and Consumer Consent

UBIP programs must be voluntary and enrollment must include the express, informed consent of the policyholder to the collection, use and disclosure of personal information by the insurer or third party provider.  Any personal information collected through a UBIP program, or its accompanying devices or software, should not be disclosed to any other party unless expressly consented to by the person or as required by law.

 Drivers should be able to enroll in a UBIP program without being required to share their personal information for non-UBIP purposes (e.g., marketing, offering of additional services such as vehicle location services or assistance in emergency situations).

Insurers should, where possible, facilitate drivers using their personal UBIP data for the purposes of entering into a contract with another insurer including enrolling in another insurer’s UBIP program.  
 
A consumer’s enrollment in a UBIP program involves the agreement by the consumer and insurer to additional legal rights and obligations outside of those in the standard auto insurance policy.  In Ontario the mechanism for amending the standard auto policy is by way of an endorsement form which must be approved by the Superintendent. 

 Insurers may also be required to provide the Superintendent with any advertising or promotional material proposed for use in relation to their UBIP programs to ensure that it is clear, fair and not misleading.
Complaints, Inquiries and Customer Support

Insurers must be sure to provide adequate customer service support  and outline appropriate mechanisms, enquiry management, and resolution systems to respond to customer questions, concerns and disputes.

Driver Education and Transparency in Rating and Risk Classification Systems

To encourage safe driving and ensure transparency, it is important that the rating model for a UBIP program be clearly communicated to the consumer at all times, beginning prior to enrollment and continuing through to each policy renewal. The impact that a consumer’s driving data has on the premium must be clearly articulated including a clear explanation of how to qualify for a discount, the period being measured to calculate the discount, the maximum or minimum of that discount, and regular feedback on driving habits to the consumer.

Changes in Rating

Consistent with the existing policy renewal process in Ontario, any change in rating on a policy must be done in accordance with s. 236 of the Insurance Act.

Limitations on Collection and Use of UBIP Data for Insurance Purposes

UBIP programs, including program-provided devices and applications, should collect and use UBIP data solely for discount-setting purposes, and not to decline, cancel or refuse to renew risks or to confirm rating criteria currently used.

General Rate-Filing Information
 

Any UBIP program must be filed and approved by the Superintendent. It is recognized that there may be no Ontario-specific data to provide in a filing.  However, FSCO is supportive of innovation and, as with other rating factors new to the market, is willing to review data and the amount of the discount charged in other jurisdictions.UBIP-related rates and risk classification system elements must be just and reasonable and otherwise satisfy the statutory standards applicable to all rates and risk classification systems.

UBIP Program Costs and the Impact on Insurer Expenses

To encourage drivers to participate, insurers should cover all costs of enrolling in a UBIP program including the cost of any device installation and any ongoing costs of operation or maintenance. Insurers must clearly demonstrate the up-front or start-up costs associated with developing and introducing a UBIP program, as well as all ongoing maintenance and other expenses associated with offering the program, including but not limited to all costs associated with the UBIP device, data transfer and analysis, marketing and any third party provider contracts.

Reasonability of UBIP assumptions and the provision of adequate support   

Proposed UBIP models may first be reviewed and approved by FSCO in principle, following which an insurer would make a formal filing for Superintendent’s approval. Approval of the filing could be made conditional on further filings being required at scheduled intervals to provide the necessary continued support for the UBIP rating system.

General Data Considerations: accuracy, security, storage, at termination 

Before any UBIP data is used for rating purposes, reasonable efforts must be made to ensure that the data is accurate.

Insurers must also ensure that the data capture, transmission and analysis are all done within a secure environment.

Insurers and third parties should delete or anonymize personal information once there is no clear business need to retain the data.  

Insurers must ensure that no further data is received or accessed after a consumer terminates participation in a UBIP program or terminates the policy.

Roles and Responsibilities: Insurers and Third Party Providers 
FSCO expects that insurers will have written contracts with each third party provider to confirm:
  • the provider’s ability and commitment to ensure a level of personal information protection equal to or greater than that expected of the insurer, and to comply with all applicable laws and regulations,
  • that the service provider has the required service capability, and
  • that succession issues are addressed to ensure a smooth transition when ending or varying an agreement with a provider.

Monday, 23 September 2013

Mike Colle Introduces Bill For New Drivers And Minor Accidents

Liberal MPP Mike Colle who is familiar with the auto insurance file while Parliamentary Assistant to former Finance Minister Greg Sorbara introduced a Bill, the Insurance Amendment Act (Minor Accidents and New Drivers), 2013 on September 18, 2013.   

Bill 100 if passed with require that a risk classification system used by an insurer to determine rates for auto insurance could not consider minor accidents and would provide for lower rates for new drivers by crediting new drivers, in certain circumstances, with additional years of driving experience.

Minor accidents are accidents that result in $2,500 or less in damages, no injuries or death, and that did not result in an insurer making any payments that were not fully reimbursed by an insured driver.

A new driver is disqualified from receiving additional years of credit in a number of circumstances, including if the driver has been found to be more than 25% at fault in a claim arising from an accident, has been convicted of certain driving offences or has had his or her driver’s licence suspended for non-payment of certain fines.  The Bill is similar to an amendment passed in New Brunswick for new drivers called "First Chance" as part of reforms in 2005.

The Bill would reduce rates for new drivers and would prevent rate increases for anyone at-fault in an accident and paid the cost of repairs out of pocket as long as the repairs are less than $2,500.

On August 24, 2013, the Minister of Finance, the Hon. Charles Sousa, issued a policy statement that directed FSCO to review ways to “treat first-time drivers fairly” and to study the mandatory collision reporting threshold as a “potential cost reduction” initiative. 

Sunday, 8 September 2013

Auto Static

There is no escaping talk of telematics these days and what that may mean for automobile insurance. But will telematics put an end to age and gender discrimination?


Telematics has been one of the most talked about issues within the automobile insurance sector over the past several years. Recently Desjardins General Insurance Group launched Ajusto, the first widely available automobile insurance program in Ontario that offers savings to drivers centered on usage-based insurance (UBI) technology. This is ground-breaking territory in Canada despite the fact that pay-as-you-drive insurance has been available in the United States and Europe for some time.

Automotive telematics refers to the technology that uses hardware and software applications with remote communication devices, such as cellphones, GPS and wireless devices, to obtain information about vehicles. Automotive telematics has been in use, mostly in high-end vehicles, for quite some time. But today newer technologies are helping unfold many opportunities for all stakeholders, and more importantly, in emerging economies.

Telematics enables vehicle owners or customers to constantly be in touch with service providers through incorporated software and hardware in their vehicles. In turn, service providers, too, can offer a host of new services based on their customers' preferences.

Also, data sent remotely from a vehicle allows stakeholders such as automakers, dealers, fleet managers and insurance providers to build better customer-relationship strategies.

There have been tomes written on the benefits of telematics and UBI, including lowering premiums for good drivers¸ reducing traffic congestion, allowing parents to monitor teenage drivers and combating auto insurance fraud.

What we have not heard much about is that UBI will allow insurers to begin to move away from historical rating criteria such as age and gender, both of which have been contentious over the years.

HISTORY LESSON

In 1983, Michael Bates alleged that he was discriminated against because Zurich Insurance charged him higher premiums for his automobile insurance than a young, single, female driver with the same driving record or than drivers over age 25. Bates alleged that the rate classification system discriminated by grouping drivers by age, sex and marital status and determining their premiums based on these factors.

Moving forward to 1992, a majority ruling by the Supreme Court of Canada found that Zurich did not discriminate against Bates contrary to the Ontario's Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex and marital status.

The high court reasoned that charging higher premiums to young, unmarried, male drivers was discriminatory and contravenes the Human Rights Code. However, section 21 of the code permits discrimination in automobile insurance because of age, sex, marital status, family status or handicap, and the court determined statistical evidence showed that young, male drivers are involved in proportionately more - and more serious - accidents than other drivers.

The insurance industry, however, was not totally absolved by the Supreme Court ruling. The high court encouraged the industry to begin looking more closely at non-discriminatory alternatives in rate-setting in the automobile insurance industry. It ruled that the insurance industry could continue to use discriminatory criteria such as age and marital status as a bona fide means of assessing risk, but that the industry could not do so indefinitely.

To a certain extent, insurers have used the Bates v. Zurich decision as a green light to base automobile insurance premiums on age, sex, marital status and other socioeconomic factors where statistical evidence supports higher rates. It may be a matter of time before there is another court challenge.

However, the next time it would be difficult to defend the existing practices now that non-discriminatory alternatives actually exist.

CLEAR TREND

The move away from rating based on age, sex and marital status has already begun. It is prohibited to use gender in considering rates for automobile insurance in five provinces, with Alberta only allowing its use for private policies, not through the government-mandated scheme. Ontario, with the largest share of the privately delivered automobile insurance market in Canada, still uses age, sex and marital status in determining premiums.

In the U.S., California recently joined 11 other states that prohibit gender rating in the individual health insurance market. Consumer groups south of the border have been battling insurance regulators to prohibit or restrict non-driving factors in setting automobile insurance premiums. As it stands, insurers have been able to maintain the status quo while developing UBI programs that provide an alternative.

The European Union recently outlawed gender-based insurance premiums. The European Court of Justice's ruling, which follows a 10-year legal battle against the proposals by insurers, will put an end to women getting better deals on car insurance.

The ruling has increased pressure on the industry to adopt better discriminating factors, like those available through telematics.

THE HOME FRONT

It is not just rating based on age, sex and marital status that is under the microscope, but other socioeconomic factors like credit scoring as well. Ontario, Alberta and Newfoundland and Labrador have banned the use of credit scoring in auto insurance as a result of pressure from politicians. Politicians, supported by insurance brokers, have begun to turn their attention to the home insurance market, where the use of credit information is also used.

The Office of the Privacy Commissioner of Canada recently released a report stating it did not object to the use of credit information for purposes of assessing insurance risk. It was noted section 8 of Ontario's Consumer Reporting Act confirms that credit information may be disclosed for the purpose of underwriting insurance. However, the commissioner also noted there is no obvious link between credit information and insurance premiums - and little transparency in the use of credit information.

So while the use of age, sex and marital status, as well as other socioeconomic factors, in rating drivers has been upheld by courts and tribunals, their continued use attracts criticism and, in some cases, legislative action.

Although UBI is still not available to many drivers, insurers who are considering moving towards UBI ensures that predictive criteria continue to be available as governments prohibit or restrict traditional criteria. In Canada, automobile insurers are keeping a close watch on developments at Desjardins.

Sunday, 1 September 2013

Insurance News - Sunday, September 1, 2013

Here are the leading auto insurance headlines from ONTARIO AUTO INSURANCE TOPICS ON TWITTER for Sunday, September 1, 2013: