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Regulatory

Clients tell us they appreciate our team for many reasons but three traits especially stand out: First, because we represent regulators in multiple matters, our private-industry clients reap the benefits of our relationships with those public officials and our inside-government insight. Second, we draw on our extensive experience to serve clients; our team includes former insurance company general counsel and in-house attorneys, the former Commissioner of Insurance for the State of Louisiana and a co-founder of the Reinsurance and Insurance Arbitration Society (ARIAS-US). Third, we provide this high-level experience and vast knowledge at regional rates.

Consider a few of the outcomes we have generated for clients:

  • In advising a client on an unprecedented business move, we helped an entrepreneurial group create the nation’s first structured settlement-only annuity company. We conducted the research, determined the best jurisdiction for it to be domiciled, and guided our client through a complicated maze of issues to earn the issuance of licensure in Texas. We worked closely with Texas public officials and filed appropriate regulatory documents to obtain a certificate of authority, which is the license to transact an insurance business.
  • We represented an insurance company embroiled in entanglements involving the Affordable Care Act and were able to engineer a soft landing without any kind of receivership for the company. We also brought suit against the federal government regarding the amount of money the federal government owed our client.

We always demonstrate respect to commissioners, administrative law officials, district court judges and others with whom we interact. We believe this approach helps us achieve positive outcomes for many clients — even when the chances are slim.

Summary

Bringing our public and private perspectives and experience to our practice, we counsel insurers, reinsurers, state departments of insurance, managing general agents, agencies, and other insurance-related entities in all types of legal matters in multiple states. We represent licensed insurance industry entities and agents on a range of issues before state insurance departments, the National Association of Insurance Commissioners (NAIC) and other regulatory bodies.

Because our attorneys understand both the over-arching federal, state and local laws and the nuanced-but-critical regulations governing the industry, we are able to survey the changes within the political and regulatory environment and help clients craft and implement pro-active strategies. We have applied our knowledge and skill sets to help many insurers and agents retain their rights under the law and sustain their businesses. We also leverage our experience and relationships to oppose undesirable legislation and help advance favorable laws and policies. If we must go to court, our attorneys represent clients tenaciously but strategically in some of the most technically challenging and precedent-setting cases.

Defining Strengths

Among the types of work we perform for clients are:

  • Licensing Issues: We obtain certificates of authority, manage examinations, audits and regulatory disputes.
  • Industry Counsel: We spearhead efforts to protect a particular group from potentially harmful state or federal legislation and develop model laws for multi-state issues.
  • Transactions: We help launch new insurance enterprises, mergers and acquisitions and approvals in several states.
  • Litigation: We handle all aspects of alternative dispute resolution, litigation, arbitration and appeals and claims-related lawsuits.

Related Practices