Читать книгу Dimensiones y desafíos del seguro de responsabilidad civil - Abel B. Veiga Copo - Страница 104

In a related vein, Attorneys Eric Dinallo (a former New York State Insurance Commissioner) and Keith Slattery of New York’s Devevoise & Plimpton law firm submitted a lengthy letter requesting that ALI postpone consideration of the 2017 RLLI or perhaps even abandon the project on the ground that it was duplicative of or in conflict with state insurance regulation44. Law professors Peter Kochenburger, Jeffrey Thomas and Daniel Schwarcz authored a response to the Dinallo/Slattery submission carefully refuted its contentions and revealing them to be misplaced45. They concluded that the Dinallo/Slattery letter (which Professor Kochenburger discovered was funded by the National Association of Mutual Insurance Companies (NAMIC)) “fundamentally mischaracterizes both the wording and effect of multiple sections in the Restatement and important aspects of insurance regulation46”.

In some detail, the Kochenburger Letter pointed out that the Dinallo/Slattery contention that the area of insurance policy construction was already sufficiently regulated to protect policyholders, even individual consumers47, was incorrect and that policyholder rights pursuant to an insurance policy were not adequately protected by rate and form regulation and other regulator activity as asserted in the Dinallo/Slattery Letter48. The Kochenburger Letter also outlined why the rules set forth in the RLLI did not pose any threat to insurer solvency49 and refuted the contention that RLLI was inconsistent with model legislation such as the Unfair Claim Settlement Practices Act50. The Kochenburger Letter also refuted the assertions of the NCOIL letter51.