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Capabilities / Insurance Regulatory

Insurance Regulatory

Keeping our clients covered.

Our Insurance Regulatory legal team serves as strategic advisors and provides full legal support to large-scale national insurance companies and other insurance regulated entities.

We offer support and resources for all types of compliance requirements and governance related to the insurance industry. With a deep bench of specialized insurance regulatory attorneys, Husch Blackwell provides full-service guidance on corporate transactions involving the purchase, sale, or merger of insurance-regulated entities, as well as evaluating proposed transactions.

We regularly represent clients in the formation and licensure of numerous entity types, including brokers and producers, captive insurers, managing general agents, reciprocal insurance exchanges, traditional stock and surplus lines carriers, service contract providers, and other similarly regulated entities.

Our team also counsels insurers who are considering expansion into new geographic markets or writing new lines of business in existing markets on strategic considerations and state-specific risks and compliance requirements. We provide guidance to insurers on their coverage forms, from ideation and drafting to addressing regulator objections. Our experience includes drafting coverage forms for specialized liability insurance products and counseling on revisions to a wide variety of forms and endorsements, ranging from common ISO to manuscript forms and endorsements. When regulators object to form filings and time is of the essence in responding, we address objections promptly so that new and updated forms that have been months or years in planning can take effect as scheduled.

The team also represents insurers through the market conduct exam process, as well as in their responses to regulatory inquiries and complaints.

Husch Blackwell plays an active role in significant insurance industry associations, including the National Association of Insurance Commissioners (NAIC), giving our attorneys a front-row view of industry trends. We regularly represent some of the leading insurance carriers in the world, with clients in all fifty states, DC, and Puerto Rico.

As key members of the broader Insurance team, Husch Blackwell’s Insurance Regulatory team collaborates with colleagues across the firm to bring industry specific experience to bear on nuanced issues. This includes working closely with nationally ranked teams and Husch Blackwell attorneys in the areas of insurance coverage, litigation, class action defense, reinsurance, receiverships, and healthcare.

Our guidance to clients in the insurance industry includes:

Insurer Formation and Licensing

We represent traditional (i.e., non-captive) insurers and insurance-related business entities in the formation and licensing of new companies, including obtaining approval of corporate amendments applications. Our team has extensive experience with licensing issues relating to support services for insurance carriers including third-party administrators, managing general agents, and producer licenses.

Captive Insurers

We represent captive insurers in connection with formation, licensing, re-domestication, conversion, and dissolution. We regularly assist these clients with ongoing legal needs, including regulatory compliance, examinations, corporate filings, board and stockholder meetings, coverage issues, contract drafting, reinsurance, and administrative proceedings.

Insurance Regulators and Insurance Receiverships

Our regulatory practice extends beyond the representation of insurance carriers. Our insurance lawyers represent insurance regulators as well, particularly in their oversight of financially unstable insurance companies. We have extensive experience representing regulators through the rehabilitation, liquidation, and receivership processes, with firm attorneys serving as special deputy receivers and administering the winding down of troubled insurance companies. As a result, Husch Blackwell has built relationships with regulators and state insurance departments across the country, which means we know whom to call to solve client problems quickly and efficiently.

Representative Experience

  • Advised state regulator on a carrier’s agreements with affiliated companies and individuals, including Form A and Form D filings, and related examination of the company.
  • Advised national insurance agency selling Medicare supplement and other health products on compliance issues; work on resolution of difficult investigation by the department.
  • Represented national health insurer on state regulatory compliance issues, including market exit, prompt payment statutes, state requirements for health insurance offerings, and consumer complaints.
  • Advised state regulator in relation to data breach of insurer and reporting obligations.
  • Advised transactional teams on Form A change of control processes for various entities subject to state insurance laws.
  • Advised national P&C carrier on licensure requirements for specialized products in all jurisdictions.
  • Advised national Medicare Supplement Agency on requirements for sale of products in each state.
  • Advised national carrier and national broker on advertising laws and guidelines for insurance products and transactions.
  • Represented leading national insurance regulatory organization regarding amicus briefing in the Supreme Court of the United States dealing with health insurers' claims for outstanding Risk Corridor payments under the Affordable Care Act.
  • Represented national life insurance company in responding to state market conduct examinations and other claims and investigations brought by state regulators, involving issues including contestable claims practices, policy sales, and marketing of insurance products.
  • Represented an insurer in connection with nationwide licensing for property, casualty, and health insurance offering.
  • Represented a 50-state licensed insurer in connection with an acquisition and change of control filings in each state.
  • Represented an insurer in connection with Medicare offerings.
  • Represented an investment advisor in connection with its regular acquisition and disposition of shares of insurers and insurance holding companies.
  • Represent offshore insurers, reciprocal insurers, protected cells, and related entities.
  • Assisted auto manufacturer with entry into insurance market through formation of insurance agency.
  • Assisted in multi-state regulatory approvals for acquisitions of insurance companies by private equity firm.
  • Formed, licensed, and represent captive insurers in every industry, including:
    • A captive insurer owned by a large west-coast hospital system with over 100,000 employees.
    • A captive insurer owned by a public, Fortune 50 retailer.
    • A captive insurer owned by a leading owner and operator of student housing complexes.
    • A captive insurer owned by a vertically integrated real estate investor and developer.
    • A captive insurer owned by a nationwide fast-food chain.
    • A captive insurer owned by a professional sports team.
    • A captive insurer owned by a California governmental entity.
    • A captive insurer owned by a large utility company.
    • A captive insurer owned by a large semiconductor design and manufacturing company.
    • A risk retention group serving the cannabis industry.
    • A risk retention group providing coverage to medical providers and hospitals.