Patty Pansing Brooks for Congress State Senator Insuring Your Future: The Role of State Government

Insuring Your Future: The Role of State Government

June 1, 2025| maia17| 0 Comment| 7:21 AM

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State Senator

State Government And Insurance

In the United States, insurance is regulated at both the federal and state levels. State governments play a crucial role in the oversight and regulation of insurance companies and policies. This division of responsibilities allows for a more tailored and localized approach to insurance, ensuring that state-specific needs and regulations are taken into consideration.

Insurance Regulation in the United States

The regulation of insurance in the United States is primarily governed by the state governments, with the exception of certain types of insurance such as health insurance and some aspects of workerâ€™s compensation which are regulated at the federal level. This approach to insurance regulation is known as the state-based system and is rooted in the Tenth Amendment of the U.S. Constitution, which grants states the authority to regulate insurance.

Each state has its own Department of Insurance, often referred to as the Division, Commission, or Bureau of Insurance, which is responsible for regulating insurance companies and enforcing state insurance laws and regulations. The stateâ€™s insurance commissioner, who is appointed by the governor, heads the Department of Insurance.

Role of State Government in Insurance

The state government plays a crucial role in the regulation of insurance companies and policies. Below are some of the key responsibilities of the state government in regards to insurance:

Licensing and Monitoring of Insurance Companies

Insurance companies must obtain a license from the Department of Insurance in the state(s) in which they wish to conduct business. The state government is responsible for ensuring that all insurance companies operating in the state are financially stable and meet all solvency requirements. This includes periodic financial exams and reviews of the companyâ€™s financial statements.

Rate Review and Approval

One of the primary responsibilities of the state government is to review and approve insurance rates proposed by insurance companies. This ensures that insurance premiums charged to policyholders are both reasonable and fair. If an insurance company wants to raise rates, they must submit a rate filing to the stateâ€™s Department of Insurance, which will then review the proposal and approve or reject it.

Consumer Protection

The state government is also responsible for protecting consumers from unfair insurance practices. This includes monitoring the activities of insurance companies to ensure compliance with state insurance laws, as well as responding to consumer complaints and inquiries. The Department of Insurance has the authority to investigate and take action against insurance companies that are found to be engaging in deceptive or fraudulent practices.

Influence of State Laws on Insurance Policies

State laws and regulations have a significant impact on the terms and conditions of insurance policies. Each state has its own set of insurance laws, which can vary significantly from state to state. These laws can affect the types of insurance products that are available, as well as the coverage, rates, and terms of the policies.

For example, some states have no-fault auto insurance laws, which require each driverâ€™s own insurance company to pay for their medical expenses and lost wages in the event of an accident, regardless of who was at fault. Other states have traditional tort-based systems, which allow drivers to sue the at-fault party for damages.

States also have different minimum requirements for insurance coverage. For instance, some states require drivers to carry higher minimum coverage limits for liability insurance compared to others. This means that the cost of auto insurance can vary significantly from state to state.

Similarly, homeowners insurance policies can also vary based on state laws and regulations. For example, some states require insurance companies to offer coverage for certain natural disasters, such as earthquakes or hurricanes, while others do not. State laws also dictate the minimum coverage for different types of homeowners insurance, such as dwelling coverage and personal property coverage.

Final Thoughts

State government plays a crucial role in the regulation and oversight of insurance in the United States. By having state-specific laws and regulations, the state-based system allows for a more tailored approach to insurance, taking into consideration the unique needs and circumstances of each state. With the help of state governments, insurance policies are able to provide adequate coverage and protection to consumers.

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Patty Pansing Brooks is a state senator, attorney, small business owner, and lifelong community organizer.

Patty has a proven track record of values-led policymaking and coalition-building to make positive change for all. She was the Co-Chair of the $6 million Union Plaza Fundraising Campaign to create Lincoln’s first urban park. Patty also served as Co-Chair of the $9.6 million Centennial Mall renovation, which helped make the 7 blocks between our Capitol and our State University a beautiful, historic celebration of Nebraska for all visitors. Finally, she was the Co-Chair of the $250 million Lincoln Public Schools bond issue in 2007 with former Senator and friend, Kathy Campbell. That bond issue improved every school in every zip code in Lincoln.”

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In her two terms as a state senator representing Nebraska’s 28th District, Patty has fought hard and achieved victories for our most vulnerable neighbors, particularly children. One focus of her legislative career has been youth justice reform: Patty introduced and passed bills that have expanded children’s rights to legal representation in the justice system, established automatic sealing of children’s court records when they have completed their sentences, and reoriented the purpose of school peacekeeping officers away from bringing more children into the justice system, and toward keeping kids in school.

“Helping people is what it means to be a Nebraskan. More than politics or party, love fuels the fight for real change. When we love our families and our communities — and when someone is in need — we must step in, speak up, and make change happen.”

Additional legislative victories have included protecting victims of human trafficking and enacting stricter punishments on people who benefit from trafficking; creating and leading the Whiteclay Public Health Emergency Task Force that ultimately allowed the Oglala Sioux to reclaim sovereignty over their public health; legally protecting workers to discuss their wages without employer retaliation; codifying the Nebraska Department of Education’s definition of dyslexia as a learning disability, requiring schools to offer evidence-based reading support; and establishing Nebraska’s first officially recognized Indigenous People’s Day.

Patty was born and raised in Lincoln, Nebraska, where her family has lived for four generations. Two of her three children constitute the fifth generation in Lincoln. She is a proud product of Southeast High School, graduated from Colorado College with a B.A. in Political Science, and received her law degree at the University of Nebraska College of Law.

She lives with her husband Loel in Lincoln, where they work together as law partners. They are longtime members of First-Plymouth Congregational Church, where they were married (as were Patty’s parents Lu and Tom). Patty and Loel have three children, Taylor, Graham, and Avary, who have grown into bright, kind, and civic-minded young adults who fill their parents’ hearts with blessings and joy every day!

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