Legislative Costing

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Legislative Costing

With insurance laws and regulations constantly evolving, being alert to changes and their implications is only part of your challenge. Since even a seemingly small modification can have a material impact, you need actuarial experts who can detect a potential law’s implications on insurance markets quickly and accurately.

Our experienced property/casualty actuaries can apply their expertise to help you understand the potential legislative impact in your state. Our costing studies of proposed insurance legislation help policy makers in many states sift through legislative implications. And, as you work to meet unrealistic deadlines in even more complicated political circumstances, we will make sure our analysis is both timely and easy to understand.

We are also available to provide both written and oral testimony to support our findings. As expert witnesses, our actuaries assist insurance trade organizations and state regulators, legislative committees and industry associations, including physician and hospital groups.

As innovators in the actuarial profession, we helped create the underwriting and pricing practices that are now industry standards. We remain on the cutting edge of actuarial science through our recognized commitment to the actuarial profession and thought leadership. We combine our deep expertise and insight gained from working with a wide range of clients with unique qualities that help us ensure we stand apart from other providers:

Independent. Solely-owned by our professional staff, Pinnacle is not affiliated with any insurance company or accounting firm. Pinnacle’s independence is demonstrated by the variety of clients who trust us for legislative support projects including: state insurance regulators, state legislative committees, insurance trade organizations, and state associations of physicians, hospitals, insurers and trial lawyers.

Credible. Our legislative support spans a variety of cases and venues. As recognized leaders in the actuarial profession, our legislative analyses are given the highest standard of credibility.

Experienced. Along with our seasoned actuaries, our team includes training actuaries who can provide a fresh perspective. We pull from our deep bench to assemble the right team for each assignment.

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Case Studies

Contractor's Liability
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Contractor's Liability

Pinnacle was asked to provide a legislative costing analysis and expert testimony regarding proposed legislation that would substantially expand coverage for construction defects in Oregon. Pinnacle’s study and testimony focused not only on the current conditions of the contractors’ liability insurance market compared to other states, but also the historical changes seen when other states made similar changes. Our analysis also focused on the relationship between home warranties and commercial general liability insurance policies and how these risk mitigation techniques differ over time after a home is completed.

Medical Malpractice Damage Caps
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Medical Malpractice Damage Caps

A state insurance regulator asked Pinnacle to determine the potential impact of several proposed tort reforms, including a change to non-economic damage caps for medical professional liability claims. Pinnacle worked with medical society to identify the most appropriate claims databases for assessing the potential legislative change. Our detailed analysis not only considered data from that state, but several others to stress test the results and provide a range of reasonable outcomes. In many cases, the specific reform’s effect, for example “I’m Sorry” legislation, was very difficult to isolate. Through this industry analysis, we identified differences well beyond a simple loss limitation to provide a more complete review of potential environmental changes that could be expected in the state.

This comprehensive analysis helped our client identify the effect of various legislative options, which empowered them to be a strong voice in the legislative debate and to influence policymaking in the state.

New Jersey Automobile No-Fault Impact Analyses
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New Jersey Automobile No-Fault Impact Analyses

Save Choices for New Jersey Drivers (SCNJD), an ad-hoc coalition of insurers, trade and business associations asked Pinnacle to determine how proposed legislation would affect drivers.

The New Jersey Auto Cost Reduction Act eliminated the judicial requirement that permanent injuries that do not meet the other eligibility criteria for tort claims in no fault cases must have a “serious impact” on the claimant’s life. Pinnacle evaluated the affect of eliminating this requirement and determined the law would “significantly increase “losses eligible for tort recovery. Hence, Bodily Injury (BI) Liability and Uninsured/Underinsured Motorist Coverage (UM/UIM) costs and premiums would increase for drivers selecting the verbal threshold.

On June 14, 2005, two years after Pinnacle conducted its analysis, the New Jersey Supreme Court concluded does not imply a "serious impact" requirement for those seeking damages for non-economic losses (Octavio Serrano v. Jacqueline Serrano, et al. (A-99-03) and DiProspero v. Penn, et al., (A-66-03). As a result, injured claimants may seek recompense from the at-fault party for losses such as pain and suffering. SCNJD hired Pinnacle again to update the analysis based upon the later Insurance Research Council (IRC) data, which became available subsequent to the release of its 2003 report. 

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