Through the 2014 merger with Barger & Wolen LLP, Hinshaw added one of the most prominent insurance regulatory groups to the firm's Insurance Services Practice Group. Founded by Richards D. Barger, former California commissioner of insurance and a former president of the National Association of Insurance Commissioners (NAIC), Barger's regulatory practice joins Robert Wagner, former general counsel and acting director of the Illinois Department of Insurance, enhancing Hinshaw's insurance regulatory practice in California and Illinois, and expanding it to Hinshaw offices in other states.
Our insurance regulatory attorneys are involved in structuring, documenting, and obtaining regulatory approvals required in connection with all business transactions involving participants in the insurance industry. Our experience encompasses the representation of insurers and insurance producers in the preparation and negotiation of applications and other filings required to obtain regulatory approval of complex business transactions, including: insurance company formations; reinsurance; compliance matters; and mergers, sales, and acquisitions of insurance companies and producers. Additionally, it includes assisting with rate and form filings and, if need be, counsel in connection with rate and prior approval matters.
Hinshaw's insurance regulatory attorneys also regularly represent carriers in defense of agency enforcement actions and other administrative proceedings, such as accusations, orders to show cause, agency appeals, notices of noncompliance and rulemaking.
Hinshaw's insurance regulatory attorneys likewise have extensive experience representing insurance companies in connection with market conduct claims and rating and underwriting examinations. We actively monitor regulations proposed by regulators and prepare comments (including objections) to proposed statutes and regulations.
Our insurance regulatory attorneys regularly conduct specialized seminars for trade associations, insurance companies and insurance producers that focus on key regulatory issues, including proposed statutes and regulations and decisions rendered by insurance regulators. Programs may include specific topics such as market conduct claims examinations, the rate application submission and review process, understanding claims settlement practices regulations, and compliance with SIU (Special Investigation Unit) requirements.
On a national basis, we assist insurers in researching the laws of all insurance jurisdictions to ensure that policies, disclosures and market conduct comply with each state's laws and regulations.
While the insurance regulatory group regularly handles insurance administrative hearings, writs and appeals, it teams up with Hinshaw's Insurance Services Practice Group on complex litigation involving regulatory matters. In additional to its writ and appellate practice, our Insurance Regulatory Practice Group provides insurance law consulting with outside firms on litigation matters. Members of our team have authored a number of chapters in LexisNexis insurance law treatises, including California Insurance Law and Practice.
Areas of Experience
- Licensing of insurance companies and insurance producers
- Rate regulation
- Agency enforcement and administrative hearings
- Holding Company Act compliance, including "change of control" of insurers
- Enterprise risk compliance
- Rehabilitation, conservation and liquidation of insurers
- Intercompany and affiliate transactions, including service reimbursement and cost-sharing agreements
- Antitrust issues
- Product development
- Reinsurance transactions
- Claims regulation
- Agent and broker matters, including preparation and negotiation of agency agreements; broker contracts; and managing general agent agreements
- Surplus lines compliance matters
- Legislation and rulemaking
- June 15, 2020Volume V of Hinshaw's On The Law Series Considers Exclusivity, Exceptions, Third Party Action Over Claims & COVID-19 Developments
- Hinshaw/RPC Web Chat – Tales from Covid: Insurance in the Time of Coronavirus – Bankruptcy and Insolvency of InsuredsJune 4, 2020
- Hinshaw/RPC Web Chat – Tales from Covid: Insurance in the Time of Coronavirus – Business Interruption and Insured InsolvencyJune 4, 2020
- May 29, 2020
- Scott Seaman Discusses Pennsylvania Supreme Court Decision Finding Duty to Defend in Personal Injury CaseMay 8, 2020
- Commentary in Mealey's Litigation Insurance Solvency Report: Overview Of COVID-19-Related Legislative, Regulatory, & Litigation Activity & The Potential Impact On Insurer SolvencyApril 24, 2020
- Update on Proposed COVID-19 Insurance Coverage Legislation and Litigation: Are Cooler Heads Beginning to Prevail?June 1, 2020Insights for Insurers
- May 27, 2020Insights for Insurers
- May 22, 2020Insights for Insurers
- Governor Newsom Issues Executive Order Creating Rebuttable Presumption of Workers' Compensation Compensability for COVID-19 Work-Place Related IllnessesMay 8, 2020Insights for Insurers
- Ohio Supreme Court Rules Pro Rata Allocation Method Required Under "Those Sums" Policies Where Timing of Damages is Known or KnowableApril 24, 2020Insights for Insurers
- April 22, 2020Insights for Insurers