Insurance Regulatory & Compliance

Interdisciplinary team 

• Corporate transactional attorneys experienced in mergers, acquisitions, and reorganizations in multiple industries, including insurance
• Experience to be asked by Departments of Insurance to assist in drafting and advancing statutory and regulatory amendments
• Perspective to anticipate the impact of those amendments and guidelines on insurance companies, agencies, and producers

Our clients are insurance companies, insurance agencies, and insurance producers, each operating in a unique, but inter-related regulatory system 

Our experience includes working with clients across the insurance landscape and of all sizes, including

• Property & Casualty insurance companies
• Life & Health insurance companies
• Health Maintenance Organizations
• Stock and mutual insurance companies and reciprocal exchanges
• Captive insurance companies
• Insurance agencies
• Individual insurance producers
• Managing general agencies

Our team has the experience to help you manage the wide array of statutes, regulations, and interpersonal relationships that face everyone in the insurance industry 

Attorneys on our Insurance Regulatory and Compliance team work face-to-face with our clients, insurance regulators, and other insurance industry service providers to help us maintain very good working relationships.

Our attorneys are client-focused problem solvers and risk managers 

Our priority is to help you effectively, efficiently, and satisfactorily address current issues and to help you anticipate circumstances that may lead to problems in the future:

• Insurance company licensing, including licensing of traditional insurance companies in their state of domicile and additional states, and drafting corporate formation documents
• Redomestication from one domicile to another
• Fundamental transactions of mutual insurance companies, including conversion to stock insurance companies and bulk reinsurance and assumption agreements.
• Representation of insurers at Department of Insurance adjudications.
• Insurance Holding Company Regulatory Act compliance through drafting and coordination of:
  • Approval of acquisitions of insurance companies through the Form A process
  • Annual insurance company registration process, including submission of Form B,  Annual Registration Statement; Form C, Changes in Annual Registration Statement; and Form F, Enterprise Risk Management
  • Submission and regulatory approval of material inter-company transactions on Form D, Prior Notice of a Transaction
  • Submission of disclaimers of affiliation
• Monitor insurance legislation and regulation to be aware of changes and proactively inform our clients
• Corporate governance, including providing counsel regarding shareholder, member, or subscriber issues; drafting documents for insurance companies to hold annual meetings of shareholders, members, or subscribers, including proxy statements and facilitating the proxy voting process; and serving as counsel to clients at annual meetings
• Mergers and acquisitions advice with regard to Directors & Officers Liability Insurance, Representations & Warranties Insurance, and due diligence review issues
• Regulatory compliance with financial examinations, market conduct examinations, anti-fraud plans, and issues involving the relationship of insurance companies and their agencies and producers including the description of binding authority and state limitations on agency termination
• Insurance company financial strength and viability issues arising from obtaining, downgrades of, and lack of A.M. Best Co, ratings

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

• Served as regulatory counsel to more than 50 captive insurance companies
• Reviewed and advised insurance company regarding policy language in all lines of coverage
• Reviewed and advised on complex reinsurance arrangements between insurance companies and reinsurance companies
• Advised on redomestication of domestic and offshore captive insurance companies