This week, in a rare moment of bipartisanship, the Senate passed Terrorism Risk Insurance Act (TRIA) reauthorization legislation. The program was created during the aftermath of 9/11 when primary insurers and reinsurers ceased to provide coverage for terrorism events. While it has never been used, the program provides a federal “backstop” in case of a catastrophic event. Under TRIA, once claims against the insurance industry reach $100 million, the government would pay a portion of a company’s insured losses, after the insurer pays a deductible. The law caps the government’s annual liability at $100 billion and requires  the Secretary of the Treasury to impose surcharges on property/casualty insurance policies to recoup 133 percent of outlays to insurers under the program.
So why is this important for manufacturers? TRIA has prevented the cost of workers’ compensation (WC) from increasing significantly. Unlike other lines of insurance, WC statutes rigidly define the terms of coverage so, without TRIA, insurance companies would limit their exposure by raising premiums and declining coverage to employers facing high terrorism risk. Because WC coverage is mandatory for nearly all U.S. employers, manufacturers operating in areas deemed to have a high risk of terrorism would be forced to purchase coverage in alternative markets, at a significantly higher cost.
Manufacturers support TRIA because it ensures that businesses in high-risk areas have access to affordable terrorism coverage and taxpayers are protected from any losses. The NAM is pleased that S.2244, the Terrorism Risk Insurance Program Reauthorization Act passed with overwhelming bipartisan support – a vote of 94-3. We hope that the House passes its own reauthorization legislation that allows terrorism coverage to be available and affordable for all manufacturers.