Why Essential Protections?
Homeowners insurance provides financial security. Fires, accidents, and storms may occur, but insurance provides funds to rebuild. Just as important, insurance provides emotional security; policyholders expect their insurance companies to be trusted partners in the process of coping with losses.
But policyholders’ belief that insurance will provide security is not always met. Consumers are limited in their ability to shop effectively for insurance by a lack of information. Policies offered by some insurance companies may have gaps in coverage. Sometimes the policies offered by every company lack the complete coverage that policyholders need and expect. The promise of security can be frustrated by complex, confusing, and surprising terms in insurance policies. And when losses occur, disputes can arise between policyholders and their insurance companies about the extent of coverage under the policies and the scope and value of the losses.
To address these problems, homeowners insurance is heavily regulated by state law. Legislatures, insurance departments, and courts recognize that the market for insurance can be improved and that insurance carries an important public interest that requires legal regulation.
Every state regulates insurance and insurance companies, but states differ dramatically in how much and what kind of regulation they provide for the benefit of policyholders. The Essential Protections provide a roadmap that every state can follow in improving homeowners insurance. The Essential Protections also provide a scorecard to evaluate states’ current systems of regulation and to identify areas for improvement.
Jay Feinman