Happy Wednesday! In this week's Big I Buzz: Nine states are taking action to reform third-party litigation financing, while Tesla owners may face rising insurance rates due to targeted vandalism.

Nine States Pursue Third-Party Litigation Reform

Third-party litigation financing—when outside firms fund lawsuits they believe have a strong chance of success—is facing increased scrutiny across the U.S. These funding companies support a variety of commercial and consumer claims, including cases involving trucking incidents. Truck drivers, their employers, and insurers often bear the brunt of excessive and costly litigation related to personal injury claims, creating ripple effects throughout the supply chain. In response, states from Montana to West Virginia have implemented measures to curb litigation financing, with several others now considering similar reforms. Read more here.

Targeted Teslas Could See Insurance Rates Rise

Tesla owners may see rising insurance premiums as acts of vandalism against the brand continue to surge. Protests against Elon Musk—sparked by his role in the federal government’s DOGE initiative—have led to attacks on Tesla vehicles, dealerships, and charging stations. Reports detail cars being spray-painted, set on fire, and having their tires slashed. While many incidents have occurred at dealerships, individual Tesla owners have also been affected. If the trend persists, insurers may adjust rates to account for increased risks related to theft and vandalism. Read more here.

For more news, check out the Action News section of our weekly e-newsletter, Big I Buzz. If you aren’t subscribed, click here to add your email to our emailing list.

Happy Wednesday! In this week's Big I Buzz: The Department of Labor overtime rule was struck down by a Texas federal court judge. Plus, commercial auto insurance struggles persist in 2023.

DOL Overtime Rule Struck Down

On November 15, 2024, a Texas federal judge struck down the Department of Labor's (DOL) proposed updates to the overtime rule, which aimed to increase the salary threshold for overtime exemptions. Judge Sean Jordan ruled that the DOL exceeded its authority, effectively invalidating the rule nationwide.

In light of the ruling, the minimum salary threshold is once again set to $35,568, and the threshold for highly compensated employees is set to $107,432. The DOL may appeal the decision, but with a potential change in administration in January, the rule's future is uncertain. Employers are advised to consult legal counsel before making any changes to employee pay practices, especially in states with higher local thresholds. Read more here.

Commercial Auto Insurance Struggles Persist in 2023

The commercial auto insurance market faced continued challenges in 2023 despite significant premium rate hikes and underwriting changes. Insurers struggled with ongoing losses driven by factors such as increasing repair costs, higher claim severity, and litigation trends. Elevated claims from large trucking accidents and natural disasters also contributed to financial strain. These pressures have pushed insurers to focus on pricing discipline, risk segmentation, and other strategies to improve profitability. However, the market remains under pressure, highlighting the complexity of addressing these persistent issues effectively. Read more here.

For more news, check out the Action News section of our weekly e-newsletter, Big I Buzz. If you aren’t subscribed, click here to add your email to our emailing list.

By Misha Lee | IIAW Lobbyist

This article was featured in our April 2020 Wisconsin Independent Agent Magazine. Click here to see our full April 2020 magazine. 

NAIC Model Cybersecurity Bill Advances

NAIC model legislation creating cybersecurity standards for the insurance industry is quickly moving through the Wisconsin Legislature. Assembly Bill 819 was approved on a bi-partisan, voice vote in the Assembly and awaits final approval from the Senate in late March. We anticipate unanimous approval when the Senate convenes its final floor period. The legislation creates standards for insurance businesses that will help protect private consumer information from data breaches. Under the bill, businesses are required to conduct risk assessments, develop information security programs based on those assessments, and submit those plans to the Office of the Commissioner of Insurance (OCI).

During development of the model legislation last year, IIAW worked with OCI’s legal staff to advocate for an exemption for our members with fewer than 25 employees, or annual revenues under $5 million, or assets less than $10 million from having to comply with the provisions in the bill. The draft model had originally only exempted businesses with fewer than 10 employees. In addition, IIAW worked with the department to ensure that our member agencies would not be directly responsible for cybersecurity events that occur in a system maintained by an outside third-party service provider. The initial draft model had included this burdensome requirement.

So far, eight states have adopted a version of the NAIC model Law and more like Wisconsin are on the way.

Sweeping Data Privacy Legislation Fails 

With Industry Opposition

River Falls Republican State Representative Shannon Zimmerman unveiled late in the legislative session three bills he headlined, the Wisconsin Data Privacy Act (WDPA), that would fine companies up to $20 million or assess a portion of their annual revenue if found in violation of rules established in the legislation. IIAW opposed these bills at a public hearing held in February by the Assembly Science and Technology Committee. These sweeping bills, if enacted into law, would have unnecessarily created millions of dollars in added compliance costs for our industry and placed significant regulatory burdens on agents. Furthermore, the legislation overlooks the importance of how innovation, new technologies and the use of data within the insurance industry is benefiting consumers and enhancing marketplace competition. Property and Casualty insurance is a heavily state-regulated industry and it’s important that any proposals related to data security and privacy take into account existing laws and regulations administered by the Office of the Commissioner of Insurance (OCI). The Assembly has adjourned session without any action on these proposals. See Assembly Bill 870, Assembly Bill 871, and Assembly Bill 872.

Gov. Evers Signs Public Adjuster 

Consumer Protection Bill

Legislation brought forward this session by State Representative David Steffen (R-Green Bay) and State Senator Dan Feyen (R-Fond du Lac) will make registration of public adjusters part of Wisconsin law following a recent bill signing by Governor Tony Evers. The bi-partisan legislation, Assembly Bill 357, requires registration with the Office of the Commissioner of Insurance (OCI) for nonresident public adjusters not already registered with their home state. Those registered as nonresident public adjusters will be subject to examination, continuing education and fee requirements. Wisconsin resident public adjuster have the option of registering with OCI and are also subject to requirements in the bill related to contract formation, certain compensation arrangements and professional conduct.

Wisconsin becomes the 46th state to regulate public adjusters in some manner. Matt Banaszynski of the IIAW testified in support of the bill highlighting in his testimony the importance of protecting Wisconsin homeowners from increasing public adjuster scams that have been occurring in the state following natural disasters.

Gov. Evers Signs 45-Day Renewal With 

Altered Terms Notification Bill

Governor Evers also signed legislation supported by the Wisconsin Insurance Alliance (WIA) that shortens the time requirement on personal lines property and casualty coverages from the current 60-day requirement to 45 days on a renewal notification that includes less favorable terms or higher premiums. Twenty-eight states have notice requirements of 30 days or less. Eleven states use the 45-day requirement and five states have a 60-day notification requirement. The WIA had initially asked for a 30-day notice and the final bill as signed by the Governor reflects the good-faith negotiations between the independent insurance agent community and insurance carriers.