| Table of Contents
of A Practical Guide to Purchasing Groups |
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| Chapters: |
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| 1 |
Introduction |
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| 2 |
Comparison of Risk Retention
Groups and Purchasing Groups
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| 3 |
Advantages and Challenges
of Purchasing Groups |
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| 4 |
Growth and Development of
Purchasing Groups |
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| 5 |
Formation of Purchasing
Groups |
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| 6 |
Operation of Purchasing
Groups |
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| 7 |
Regulation of Purchasing
Groups |
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| 8 |
Purchasing Group Insurers |
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| 9 |
Agents and Brokers |
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Appendices |
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| To order
A Practical Guide to Purchasing Groups, click here |
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| Acknowledgments |
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| Author's Foreword |
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| About the Author |
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Chapter
One
Introduction
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Background of Liability Risk Retention Act |
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Liability crisis |
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Hard market turns soft |
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Preemption of state regulation |
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Scope of preemption |
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State laws preempted |
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Expansion of "liability" definition |
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Exclusion of workers compensation property and personal
lines
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Summary of Liability Risk Retention Act |
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Overview of U.S. Insurance Regulation |
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State regulation of insurance |
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Early U.S. Supreme Court decision |
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McCarran Ferguson Act |
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Role of NAIC |
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State enforcement of federal law |
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Proposed Expansion of Liability Risk Retention Act |
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Inclusion of property |
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Only liability currently |
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Benefit for PGs and Insurers |
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Support and opposition |
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Congressional level status |
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Awaiting GAO report |
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Chapter
Two
Comparison of Risk Retention Groups and Purchasing Groups
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Introduction |
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Legislative Requirements |
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Similarities |
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Size of group |
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Homogeneity requirement |
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Type of coverage permitted |
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Differences |
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Retention of risk
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Purpose of group |
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Legal structure |
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Capital requirements |
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Reinsurance |
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Plan of operation |
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Loss data |
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Policy issuance |
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Deductibles |
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Guaranty fund protection |
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Use of agents and brokers |
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Naming requirements |
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Regulation of Risk Retention Groups and Purchasing Groups
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Scope of preemption |
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Role of the domiciliary state |
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Registration with nondomiciliary states |
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Chapter
Three
Advantages and Challenges of Purchasing Groups
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Introduction |
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Advantages to Insurance Buyers |
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Legislative basis |
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Key benefits |
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Favorable rates and tailor-made coverage |
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Ownership of loss experience |
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Reward for good experience |
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Risk management/ loss prevention |
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Long-term insurer commitment |
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Advantages to Insurers |
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Legislative basis |
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Competitive advantage |
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Market specialist |
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Mass marketing |
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Preemption of state regulation |
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Fictitious group laws |
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Countersignature laws |
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Rate and form advantages |
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Speed to market |
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Greater profitability |
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Advantages to Agents and Brokers |
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Legislative basis |
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Value-added service |
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Role expansion |
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Expansion of market |
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Greater profitability |
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Challenges |
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Regulatory red tape |
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Restricted to liability |
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Complex business arrangements |
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Market conditions |
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Small PG vulnerability
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New insurers of PGs |
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Business areas |
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Chapter
Four
Growth and Development of Purchasing Groups
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Introduction |
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Monitoring Purchasing Group Activity |
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Formations and Retirements |
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Four phases |
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Phase 1: 1987-1988 |
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Phase 2: 1989-1992 |
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Phase 3: 1993-2000 |
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Phase 4: 2001-2003+ |
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Purchasing group survival rates
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Analysis of formation and retirement patterns |
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Phase 1: 1987-1988 |
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Phase 2: 1989-1992 |
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Phase 3: 1993-2000 |
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Phase 4: 2001-2003+ |
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Trends by Business Areas |
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Comparing 2004 with 1995 |
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A changing marketplace |
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Healthcare |
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Property Development |
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Professional Services |
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Manufacturing & Commerce |
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Transportation |
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Leisure |
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Government & Institutions |
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Hospitality |
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Publishing & Office Services |
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Environmental |
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Financial |
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Observations on trends |
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Challenge of Obtaining PG Premium Data |
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Schedule T data |
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The Texas experience |
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Estimating PG Premium |
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Key assumption |
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Chapter
Five
Formation of Purchasing Groups
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Introduction |
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Initial Considerations |
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Basic ingredients |
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LRRA requirements |
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Legal structure |
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Unincorporated association |
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For-profit corporation |
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Not-for-profit corporation |
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Tax considerations |
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Directors & officers coverage |
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Control of the PG |
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State of incorporation |
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Selection of domicile |
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Costs of formation |
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Who pays for costs of formation? |
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Source of Members |
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Association- sponsored PGs |
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Books of homogeneous business |
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Industry affinity groups |
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Group Buying is Wave of Future |
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Chapter
Six
Operation of Purchasing Groups
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Introduction |
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Representation of Purchasing Group |
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Negotiating for the PG |
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Loss data |
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Actuarial analysis |
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Dividend plans |
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Providing for change |
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Benchmarking |
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Division of Operational Responsibilities |
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Insurance-related services |
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Member-related services |
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Regulatory compliance |
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Chapter
Seven
Regulation of Purchasing Groups
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Introduction |
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Liability Risk Retention Act Requirements |
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Permissible Areas of State Regulation |
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Discussion of Application of State and Federal Law |
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Definitions
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Insurance |
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Liability |
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Purchasing group |
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Homogeneity |
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Purpose |
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Domicile |
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Domicile selection |
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Role of the domiciliary state |
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PG insurers |
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Preemption from state law
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Fictitious group laws |
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Countersignature laws |
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Providing advantages to PGs |
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Discrimination not permitted |
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Financial responsibility laws |
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Permissible areas of state regulation
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Agent/broker licensing |
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Notice to state insurance commissioners |
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PG registration |
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Registration forms |
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Fees |
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Renewal registration |
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Rate & form filing requirements |
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Compliance with surplus lines laws |
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State Risk Retention Acts
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Key differences between NAIC Model Act and LRRA |
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Notice to state insurance commissioners |
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Guaranty fund protection |
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Deductibles |
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Aggregate limits |
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Premium taxes |
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Agent licensing |
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Frequently Asked Questions |
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RRR.COM Information & Services |
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Chapter
Eight
Purchasing Group Insurers
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Introduction
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Regulatory overview |
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Key Insurer Issues |
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Admitted insurers |
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Rate and form filings |
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Timing and coordination of rate & form filing with
registration |
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Guaranty fund protection |
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Countersignature laws |
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Issuance of master policies |
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Surplus lines insurers |
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Compliance with surplus lines laws |
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Insurer financial strength |
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Declinations from the admitted market |
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Notice of no guaranty fund protection |
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Risk retention groups |
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Common Issues |
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Payment of tax |
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Timing of PG registration |
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Performance of regulatory compliance |
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Chapter
Nine
Agents and Brokers
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Introduction |
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Role Of Agents And Brokers |
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Scope of role
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Relationship to PG |
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Linking to existing PGs |
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Suitability of insured |
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Accessibility of PG |
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Compensation |
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PG registration |
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Forming new PGs |
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Need |
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Homogeneous group |
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Desire for national (or regional) expansion |
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Critical premium mass |
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Preemption of state regulation |
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Value added service |
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Remuneration |
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Source of members
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Trade and professional associations |
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Homogeneous books of business |
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Industry affinity groups |
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Regulation |
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LRRA provisions on licensing |
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State requirements |
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PGs insured by admitted insurers |
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PGs insured by surplus lines insurers |
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Timing |
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Premium tax |
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PGs insured by RRGs |
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Future Vision |
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| Appendices |
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Appendix A
Purchasing Groups Listed Alphabetically |
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Appendix B
Purchasing Groups by Business Area |
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Appendix C
Purchasing Groups by State of Domicile |
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Appendix D
Purchasing Groups by Insurer |
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Appendix E
State-by-State Survey of Purchasing Group Regulation |
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Appendix F
Liability Risk Retention Act of 1986 15 U.S.C. 3901-3906 |
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Appendix G
Proposed Amendments to the Liability Risk Retention Act of 1986
15 U.S.C. 3901-3906 |
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Appendix H
Citations to State Risk Retention Acts |
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Appendix I
Selected Risk Retention Reporter Articles |
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Appendix J
RRR.COM Information & Services |
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Appendix K
Order Forms |
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| Glossary of Key Terms |
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| Index |
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