By Ben Riggs
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March 19, 2025
Louisiana Senate Debates Lax Regulation and Excessive Insurance Rates The Senate Insurance Committee met on Friday, March 14th. There was a robust discussion between Senator Royce Duplessis and Insurance Commissioner Tim Temple about the commissioner's authority, following previous testimony that Louisiana's lax laws do not allow the commissioner to reject rate increases for being excessive. This conversation is important because Louisiana is among the most expensive states in the country for insurance, with nearly 10% of median household income going to insurers. The Law The statute in question is LA Rev Stat § 22:1452 (C)(6) , which states that "no rate in a competitive market shall be considered excessive." Furthermore, the statute defines "excessive" as "a rate that is likely to produce a long-term profit that is unreasonably high for the insurance provided." Commissioner Temple's Previous Testimony In a prior meeting of the Joint Insurance Committee , Commissioner Temple stated that "The Department's role is to look at it [rate filing] and make sure the actuary's work matches; that the numbers add up...We look at it to make sure the rate is adequate and not unduly discriminatory...Our role is not to look and determine whether we think it is right or high or low...If you will, it's to check their math." He repeated that sentiment, reading from a written statement to kick off the March 14th hearing, that "my role is to ensure that property & casualty rates are adequate, actuarily justified, and not unduly discriminatory." These comments are consistent with the authority granted to the commissioner by Louisiana law. Does Louisiana have a competitive market? Louisiana law plainly states that "no rate in a competitive market shall be considered excessive." So Senator Duplessis twice asked Commissioner Temple if Louisiana's market was competitive. Both times Temple responded that Louisiana has a competitive market, though he would like more competition. Commissioner Temple has repeatedly said that Louisiana's high insurance rates were due to a lack of competition and used this claim to promote industry-friendly legislation that strips policyholders of their rights. Has Commissioner Temple ever rejected a rate for being excessive? Senator Duplessis also asked Commissioner Temple and his staff multiple times if the Department of Insurance has rejected any rate increases for being excessive. Nichole Torblaa, the department's Chief Actuary, said, "We have deemed rates to be not actuarily justified." Later the department's deputy general counsel interrupted Commissioner Temple to clarify his comments after Temple claimed he had the authority to reject an excessive rate: "He's using the word excessive because you are, but what he's referring to is a high rate not comparable to the risk, which ends up being not actuarily justified." This was a theme throughout the hearing. Commissioner Temple repeatedly conflated the terms "excessive" and "actuarily justified." Profits “They don’t lie; they just don’t tell you unless you ask the right set of questions. The regulator won’t necessarily know what the insurance company is doing or what goes into their models. Heck, we don’t even know half the models’ names.” - Rich Piazza, former chief actuary for the Louisiana Department of Insurance Piazza's quote demonstrates the problem with a lax regulatory system that simply checks insurer's math. Big insurance companies employ armies of actuaries and lawyers who know how to build complex mathematical models that can justify any rate. Moreover, immediately after taking office, Commissioner Temple eliminated an internal rule that capped the amount of expected profit insurers could build into rate filings with the state. With no regulatory authority to reject excessive rates and no caps on expected profits, it is not surprising that expert testimony before the Senate Judiciary A committee revealed that some of the rate filings reviewed in Louisiana contained "really, really high" profit factors. As a result, Louisiana's personal auto insurance loss ratios (proxies for profit) were 9% better than the national average in 2023, and at least 5% better than each of our neighboring states: Arkansas, Mississippi, and Texas. It is also consistent with a detailed joint study from faculty at Harvard and Columbia, and a member of the Fed Reserve Board of Governors that found “higher [insurance] premiums are being charged in states where regulators apply less scrutiny to requests for rate increases.” Click here to watch the entire hearing from March 14, 2025. Click here to read expert's bombshell report on Louisiana's insurance crisis.