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The Cost of Cheating and Fraud

It’s been a while since I’ve posted a new blog, which in a way is a good thing since it means I’ve been busy.  However, I’m beginning to feel a little guilty, so I’ll pause and write something new for this post. 

Actually, I ran across something a month or so ago, but it really didn’t have anything to do with any of the lines Quadrant touches.  I’ll just mention it here to get it out of my system.  An article in Best’s Review highlighted a workers’ comp writer that flourished while many of its competitors struggled over the last couple of years, and guess what their niche was?  Public service employees.  What drives workers’ comp premiums?  Payrolls!  The authors of the article either were very naïve politically or mathematically (as in being unable to put one and one together to come up with two).  They unwittingly had written an article that provided very timely commentary on the state of public vs. private job markets that is playing out in real life all around us.  This company’s success almost certainly had more to do with its niche being the politically favored public sector than anything they had done themselves.  I don’t begrudge them; I just found the article amusing in a depressing sort of way.

Anyway, that’s out of my system, so on to the blog (the above comments, by the way, are my own, and not those of Quadrant or of anyone else within Quadrant, as are all comments in this blog).  Over the last few months there was quite a lot of publicity about the Insurance Research Council’s January study, New York’s No-Fault System: Preliminary Findings From Closed Auto Injury Claims (sounds as if the actuaries have the upper hand over the marketers at the IRC, at least in naming their studies).  The several articles referencing this study all basically have summarized the findings, so that will not be my purpose.  Rather, as I have done in other blogs, I will comment on cause-and-effect.

I guess, however, that I can’t do a very good job of discussing cause-and-effect relationships without first at least touching on the cause part of the equation.  That, in turn, requires me briefly to discuss some of the study’s findings, or at least its focus.  That focus is the huge disparity between personal injury protection (PIP, New York’s no-fault coverage) costs between the metropolitan New York area and the corresponding costs in the rest of NY State. 

While inherent cost differentials are expected in such geographical comparisons, the study shows that the difference in this case goes well beyond what is expected.  It does this by digging into two aspects of claims inflation, “padding” (or buildup, as they call it), and outright fraud.  They discover that a full 35% of PIP claims in metro New York involve either outright fraud, or at least padding, as opposed to 8% in the rest of the state (and that this percentage has been growing in NYC while staying flat to shrinking slightly outstate).

Let’s acknowledge that claims frequency is going to be higher to start with in the Metro area.  Let’s also assume that, all things equal, general overhead costs would result in a higher Metro PIP severity.  This is the “natural” cause of higher underlying costs that lead to higher premiums in that area – something we intuitively expect.  However, when we start compounding these natural circumstances with additional man-made cost inflators, things can get ugly.

We’ve already been told that padding and fraud are much more rampant in the Metro area, which will inflate severity.  The study goes on to mention that 44% of Metro claimants visited 4 or more healthcare providers, vs. 14% in the rest of the state, and that these providers were much more likely to include chiropractors, physical therapists and acupuncturists than upstate.   If it’s anything like what we saw happen to Colorado PIP, you can probably throw in aroma therapists and anyone else into the mix.  Bottom line – more severity issues (big time!).  Just for good measure, Metro claimants also were significantly more likely to have their healthcare providers represented by attorneys.  Let’s be honest, how many of you readers feel the need to consult with your attorney to optimize your medical care?  Once again, there goes the severity!

The one quote I’ll include from the study is this:  “The preliminary findings from this study confirm that the New York City area is a hotbed for auto insurance fraud and that the problem has grown worse in recent years.”  It goes on to point out what I mention above – this isn’t a victimless development.  It has a direct impact on costs.  If it has a direct impact on costs, it clearly has a resulting direct impact on the premiums companies need to charge to cover those costs. 

In this case, the premium impact only affects our friends in New York.  However, not just those in the Metro area are affected.  You might think that in a perfect world the damage might at least be limited to where the fraud is most rampant.  In ratemaking, though, there’s the pesky concept of credibility – no company has sufficient data volume to limit territorial issues just to those territories most responsible for them.  Regulators tend to like to spread out costs as well, in the name of affordability.  The losses caused by the fraud and cheating discussed above are part of the statewide pool of losses that determines how high PIP rates in general need to be.  Because of limited credibility on the territorial level, those losses end up getting spread out to all territories, some more than others.  As a result, everyone in the state ends up paying something for those inflated losses.

New York PIP is not alone in its fraud issues.  Certain metro areas, and even some rural ones, are well-known for their fraud and biased systems.  I’ve referenced the Judicial Hellholes identified by the American Tort Reform Association, and how they add costs in their jurisdictions to benefit prejudiced legal communities.  Similarly, certain cities are well-known for their staged accident rings, with drivers, runners, lawyers, clinics, etc. all involved.  In short, accidents and/or fraud are a business for certain elements of our society.  The difference is that in this case the business is not legal, but that makes it extremely lucrative for those who pull it off successfully.  They get the big dollars, and the costs, as with any insurance, are spread among the many.

The good news is that there is a higher awareness of these costs and their impact on society.  Studies such as the IRC study cited in this blog are aimed at increasing awareness among those who can make a significant difference in stemming the bleeding.  Those of us in the industry can point out that the costs affect everyone through their insurance premiums.  Public awareness is not good for the fraud business – they thrive on ignorance.


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