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A Feb. 26 deadline for insurers to offer terrorism insurance coverage, on insurance policies in effect before the Terrorism Risk Insurance Act was passed last November, has gone by without much change in the status quo. A clear pricing strategy has not emerged from insurers. And mortgage servicers and lenders are still largely in the dark about the response of borrowers, who have a 30-day time period to respond to insurers about whether they are going to accept or decline the coverage. And if borrowers choose to decline the coverage, the issue of force placed terrorism insurance might not die out.
Providing further interpretation of the TRIA, the Department of the Treasury has issued an interim final rule and has set up a March 31 deadline for interested parties to comment on the rule. The Mortgage Bankers Association is meeting with Peter Fisher, the undersecretary of the Treasury, to discuss some issues relating to the modified rule. Gail Davis Cardwell, the MBA's senior vice president, commercial/multifamily, said that a primary concern for the trade association remains a lack of notification to lenders and servicers when insurers price and offer the terrorism coverage to borrowers. Ms. Cardwell said, "What has transpired given the lack of notification is that servicers of loans that are currently on the books, where the borrowers are receiving the quotes, have had to contact the borrowers to get what the rate quotes are on each of the individual loans." Also, the Treasury has to submit a study on June 30, 2005 about the effect of the TRIA legislation and its impact in meeting the needs of the industry. If mortgage lenders received the notification, she said, they could help provide the economic data to the Treasury.
Another issue for the MBA relates to expedited decision-making by the Treasury as to what constitutes a domestic act of terrorism, which is not covered under the TRIA vs. a foreign act. Ms. Cardwell said, "Our concern is that, in the meantime, the loan has to ...