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Plea for Uniform Regulation and Challenges of Implementing the New Insurance Distribution Directive

Author

Listed:
  • Annette Hofmann

    (St. John’s University)

  • Julia K. Neumann

    (University of Hamburg)

  • David Pooser

    (St. John’s University)

Abstract

This study takes up and evaluates new developments in EU insurance regulation, in particular the new EU Insurance Distribution Directive (IDD-Directive 2016/97/EU). The Directive sets a new European legal framework for insurance distribution with an implementation deadline of 23 February 2018, now postponed 7 months to 1 October 2018. The new IDD attempts to reduce cross-sectoral and cross-border inconsistencies by establishing a more uniform regulatory framework in the European insurance market. For this purpose, minimum quality standards and disclosure requirements are introduced to insurance distribution systems. In contrast, U.S. insurance regulation mostly continues to be the purview of state government, leading to cumbersome and conflicting provisions as well as higher compliance costs. The purpose of this article is to present an overview of the new EU IDD rules, to discuss potential challenges of the transposition of the IDD into national law, and to answer whether the new EU regulatory uniformity could set an example for U.S. regulatory dispersion.

Suggested Citation

  • Annette Hofmann & Julia K. Neumann & David Pooser, 2018. "Plea for Uniform Regulation and Challenges of Implementing the New Insurance Distribution Directive," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 43(4), pages 740-769, October.
    • Handle: RePEc:pal:gpprii:v:43:y:2018:i:4:d:10.1057_s41288-018-0091-6
    DOI: 10.1057/s41288-018-0091-6
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    References listed on IDEAS

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    1. Cummins, J. David & Rubio-Misas, Maria, 2006. "Deregulation, Consolidation, and Efficiency: Evidence from the Spanish Insurance Industry," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 38(2), pages 323-355, March.
    2. Berger, Allen N & Cummins, J David & Weiss, Mary A, 1997. "The Coexistence of Multiple Distribution Systems for Financial Services: The Case of Property-Liability Insurance," The Journal of Business, University of Chicago Press, vol. 70(4), pages 515-546, October.
    3. Cummins, J. David & Rubio-Misas, María & Vencappa, Dev, 2017. "Competition, efficiency and soundness in European life insurance markets," Journal of Financial Stability, Elsevier, vol. 28(C), pages 66-78.
    4. L. Lee Colquitt & Kathleen A. McCullough & David W. Sommer, 2011. "An Analysis of Contingent Commission Use by Property–Liability Insurers," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 14(2), pages 157-171, September.
    5. Lucinda Trigo-Gamarra, 2008. "Reasons for the Coexistence of Different Distribution Channels: An Empirical Test for the German Insurance Market," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 33(3), pages 389-407, July.
    6. J. David Cummins & Neil A. Doherty, 2006. "The Economics of Insurance Intermediaries," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 73(3), pages 359-396, September.
    7. J. David Cummins & Jack VanDerhei, 1979. "A Note on the Relative Efficiency of Property-Liability Insurance Distribution Systems," Bell Journal of Economics, The RAND Corporation, vol. 10(2), pages 709-719, Autumn.
    8. Regan, Laureen & Tennyson, Sharon, 1996. "Agent Discretion and the Choice of Insurance Marketing System," Journal of Law and Economics, University of Chicago Press, vol. 39(2), pages 637-666, October.
    9. Jiang Cheng & Elyas Elyasiani & Tzu‐Ting Lin, 2010. "Market Reaction to Regulatory Action in the Insurance Industry: The Case of Contingent Commission," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 77(2), pages 347-368, June.
    10. Paul J M Klumpes & Stefan Schuermann, 2011. "Corporate, Product and Distribution Strategies in the European Life Insurance Industry," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 36(1), pages 50-75, January.
    11. Kahneman, Daniel, 2002. "Maps of Bounded Rationality," Nobel Prize in Economics documents 2002-4, Nobel Prize Committee.
    12. Joong, K.W. & mayers, D. & Smith, C.V., 1996. "On the Choice of Insurance Distribution Systems," The A. Gary Anderson Graduate School of Management 96-15, The A. Gary Anderson Graduate School of Management. University of California Riverside.
    13. George B. Flanigan & Daniel T. Winkler & Joseph E. Johnson, 1993. "Cost Differences of Distribution Systems by Line in the Property and Liability Insurance Industry," Journal of Insurance Issues, Western Risk and Insurance Association, vol. 16(2), pages 59-73.
    14. Inderst, Roman & Ottaviani, Marco, 2012. "How (not) to pay for advice: A framework for consumer financial protection," Journal of Financial Economics, Elsevier, vol. 105(2), pages 393-411.
    15. James J Schiro, 2006. "External Forces Impacting the Insurance Industry: Threats from Regulation," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan;The Geneva Association, vol. 31(1), pages 25-30, January.
    16. Michael Sonnenholzner & Sebastian Friese & J.-Matthias Graf v. d. Schulenburg, 2009. "Reinsurance Brokers and Advice Quality: Is There a Need for Regulation?," The Geneva Risk and Insurance Review, Palgrave Macmillan;International Association for the Study of Insurance Economics (The Geneva Association), vol. 34(1), pages 20-46, June.
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    Cited by:

    1. Kubitza, Christian & Hofmann, Annette & Steinorth, Petra, 2019. "Financial literacy and precautionary insurance," ICIR Working Paper Series 34/19, Goethe University Frankfurt, International Center for Insurance Regulation (ICIR).

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