[mathattack]

The other difference is the consequences of the laws being broken. Insurance industry laws are much stricter in enforcement than rental or auto laws. Lawmakers may look the other way on taxi or rental regulation, because they realize there's a market shortage. They're much less willing to look the other way on insurance (or any financial services) fraud.

It could also be that insurance industry participants are more centralized and organized than taxi and real estate companies, but I'm less sure that this was a driving factor in the regulation.

[shanacarp]

They are also backed by the financial industry and are considered financial and legal instruments.

while it isn't possible to "front run" your insurance deal as your broker, putting you into the wrong insurance has a variety of outside financial consequences that are not insurance related at all.

For example - Zenfits could theoretically "redline" certain kinds of businesses into certain kinds of insurance, even though the employee pools qualify for something better/totally different. By doing so, Zenefits could make more profit per insurance policy sale and renewal, but their is more risk in the lifetime customer that they will explode, since it is the wrong policy. Zenefits see hypergrowth and projections towards even further hypergrowth. However, they also create systemic SMB risk

Since SMBs do not typically get lots of help with these sorts of HR issues, the "wrong" insurance could be the difference between bankrupcy and existence 5 years down the line, even though there is competition among policies. The broker is supposed to act as guidance among many competing insurance policies against that eventuality, hence the regulation.

If Zenefits can't guarantee their employees can actually act not in Zenefits interest as brokers when queried about two policies and the benefit to the customer, despite what Zenefits would make out of the sale, because of behavior within Zenefits, then there are problems for the businesses that brokered with them, and any bank that loaned them money (since part of the premise there is that this stuff is properly managed!)

[mathattack]

Interesting. I hadn't thought of it this deeply - that's there's an insurance equivalent of fiduciary duty.

[shanacarp]

Don't take this the wrong way

I'm actually surprised I'm the first one who mentioned it. People are very focused on the Zenefits as startup issue, rather than focusing on "What if it was say one of AIG's largest franchisees (or insert some conglomerate of insurance brokers, especially as famous as AIG) who was doing this." Once framed this way, it becomes much more obvious that the startup issue and how it relates to growth is a different set of issues and framing than "cheating on tests in insurance brokering/lacking proper insurance brokers doing the sales/place of regulation in insurance."

This especially becomes true when if you turn on the tv and hear the occasional pitch about loans against life insurance policies, or question too deeply why AIG was even betting in the subprime mortgage market and became systemic risk if they are an insurer.

It must mean that insurance itself is a kind of financial instrument, or cash flow, or something where you can create exchanges off of it in its own way(1). Which means there is fiduciary duty of some sort when the initial underwriting for the insurance is written.

This is going to be a headache for anyone who bought one of those policies and/or underwrote one.

(1)Technically speaking, options, futures, and forwards all started out as insurance contracts, some dating back as far as before Hammarabuai's code, so insurance contracts today must be some remainder of something special, I suppose.