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R in TV coverage of the 2015 NARA conference is brought to you by the national risk retention Association since the passage of the liability risk retention Act RR gee have enabled employers to band together to form group captives to better manage risk John heavy was involved in the passage of Laura in 1986 and now serves on the board of directors of NARA we got his thoughts on how the industry and regulators have evolved on our G's over the years in his interview from the NARA annual conference in Chicago he has an interesting take the 1986 risk retention act were actually amendments to the 1981 Act the reason why they were needed was the 81 Act was limited to product liability while in 1986 there was a general liability insurance crisis and to meet the disgraces Congress decided that they wanted no part of any federal regulation nor was there any interest in the part of any general tort reform so that the risk protection act presented an ideal vehicle for what framework was lead state regulation you get licensed in one state and with limited preemption from that with limited preemption one can operate on the basis of a single state license 50 states I believe the liability risk retention I have been a successful vehicle to provide liability coverages to policyholders I believe that since then more state regulators basically through interaction have become more comfortable or at least understanding of the preemption from multi state regulation particularly form great violence and license they are afforded by the liability risk retention act and that they needed to respect them there have been a couple problems basically with the proliferation fees and some overreaching by a number of states particularly on registration and the liability risk retention Act should be automatic upon filing or certain information so that it's been more problematic but in general the lead state regulatory framework has been respected by different state regulators the reaction of the NAIL has not been to the liability risk retention Act I won't say it's been warmly received, but they respected the approach because it really didn't involve direct federal regulation involved leave state regulation by a state regulator however with that said there is still a mentality most states that they prefer to the control of those entities operating in those states and many regulators are not comfortable with the ax preemption afforded by the risk retention act and some have perhaps overextended what they can do through the registration process and perhaps the imposition of peace however I believe that the greatest concern in the future of the industry lies in the NAIL in that Congress or the GAO General Accounting Office has more or less delegated proper standards for risk retention groups to the niece and the NAIL are a very powerful tool both called the accreditation process by which they can refuse to accept the examinations of other states if they're not accredited and through...
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