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The Single-License Solution

7 Pages Posted: 19 Feb 2009  

Henry N. Butler

George Mason University - Antonin Scalia Law School, Faculty

Larry E. Ribstein

University of Illinois College of Law (deceased); PERC - Property and Environment Research Center

Abstract

State regulation of insurance companies has long been criticized for increasing costs and limiting product innovation and rate competition as insurers attempt to conform to different states' codes. In response, it has been suggested that insurance regulation be federalized. This article proposes, instead, that insurers be allowed to operate nationally so long as they are licensed in one state. Doing this would provide 50 new licensing options for multi-state insurers. The single-license solution has the potential for triggering competition and innovation on insurance products and rates while preserving a role for meaningful state regulation.

Keywords: single-license solution, regulation, insurance, state-based regulation, jurisdictional competition, optional federal chartering, guaranty funds, consumer protection, insurance regulation, interstate commerce, antitrust, NAIC, exit, National Insurance Act, race-to-the-bottom

JEL Classification: G2, G20, G22, G28, K2, K21, K22, K23, L4, H7, H70, H77, H1, H10

Suggested Citation

Butler, Henry N. and Ribstein, Larry E., The Single-License Solution. Regulation, Vol. 31, No. 4, Winter 2008-2009. Available at SSRN: https://ssrn.com/abstract=1345900

Henry N. Butler (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8644 (Phone)

Larry Edward Ribstein

University of Illinois College of Law (deceased)

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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