State Versus National Control
Life-insurance officials are almost a unit in believing that it is impossible
to overcome the difficulties of unifying the action of half a hundred legislative
bodies and the same number of supervising officials, and therefore favor
a system of national control which will eliminate state supervision of interstate
insurance. They point to the fact that the proportion of life insurance
written by American companies in the states where they were organized is
surprisingly small. A compilation made a few years ago by the writer shows
that in the case of twenty leading companies, transacting nearly nine-tenths
of the total ordinary life insurance in the United States, only 15.5 percent,
of the total amount of their outstanding policies was obtained in the home
state and only 12.6 percent, of the total premium income was derived from
that business. Even in the case of the four largest companies domiciled
in the wealthy and thickly populated state of New York less than one-fifth
of their total business is intrastate and over four-fifths is interstate
and international.
The advocates of national control wish to have the federal government assume
exclusive regulatory power over all insurance transactions between the states,
but do not intend to interfere with the constitutional right of each state
to supervise its own home companies and purely intrastate transactions.
As previously stated, national supervision cannot be established unless
the Supreme Court of the United States reverses its former rulings and holds
insurance to be commerce, or, as an alternative, the federal constitution
is amended. Aside from the present legal obstacles to the plan, the advocates
of national control believe that it would bring about the following desirable
results:
1. Centralized supervision by experts would provide for a much greater
degree of publicity and would protect the business against sectional and
retaliatory legislation. Not only would the reports to and the examinations
of the federal supervising department entitle a company to admission in
any state, but such reports and examinations would carry greater weight
in both this and foreign countries. The present lack of uniform insurance
legislation, it is believed, would largely be obviated, and relief would
be afforded to the companies against the evils resulting from variations
in the rulings of numerous insurance commissioners. It is also argued in
this connection that centralized control would be more effective than state
control in eliminating fraudulent insurance concerns.
2. The large expense connected with supervision by half a hundred separate
departments would greatly be avoided. Duplication of reports and examinations,
as well as the publication of voluminous reports all of which contain about
the same information, would be obviated. Several million dollars of wasteful
expense, it is asserted, might be saved annually in this way.
3. A more equitable, uniform and less burdensome policy of taxation than
now exists, it is hoped, would also result. As one supporter of national
supervision recently remarked concerning the present system of taxing life-insurance
business:
Under the system of state taxation, the man who pays his premiums
into a life-insurance company is frequently taxed twice, and in some cases
three times. That such burdens should be placed upon men, because having
to provide for their families they must needs have recourse to life insurance,
is a national disgrace, excused only on the ground of ignorance of the real
nature of the business. Since much of this taxation is the result of jealous
fear of the states that the others are profiting through the insurance business
at their expense, national supervision would bring at least partial relief
from this burden.
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